Capital Trafficking Cocaine
When a criminal defense lawyer defends a person in a capital trafficking cocaine case or a felony murder charge associated with trafficking in cocaine, the jury will certainly be presented with a number of aggravating circumstances by the prosecution. The prosecution will present this evidence in support of its argument in favor of the death penalty, assuming that is what they intend to seek.
According to Florida Statute 921.142(6), the aggravating circumstances that can be presented to a jury during the penalty phase of a death penalty case are limited to the following:
- Whether the capital trafficking in cocaine was committed by a person under a sentence of imprisonment.
- Whether the defendant was previously convicted of another capital felony or of a state or federal offense involving the distribution of a controlled substance punishable by at least 1 year of imprisonment.
- Whether the defendant knowingly created grave risk of death to one or more persons such that participation in the offense constituted reckless indifference or disregard for human life. (It should be noted that the Florida Legislature has specifically indicated that disregard for human life is implicit in knowingly trafficking in cocaine.)
- Whether the defendant used a firearm or knowingly directed, advised, authorized, or assisted another person to use a firearm to threaten, intimidate, assault, or injure a person in committing the offense or in furtherance of the offense.
- Whether the trafficking in cocaine included distribution of cocaine to people under age 18 or within school zones or the use/employment of people under age 18 to aid in the distribution of the cocaine.
- Whether the trafficking in cocaine involved distribution of cocaine known to contain a potentially lethal adulterant.
- Whether the defendant intentionally killed the victim; intentionally inflicted serious bodily injury which resulted in the death of the victim; or intentionally engaged in conduct intending that the victim be killed or that lethal force be employed against the victim, which resulted in the death of the victim.
- Whether the defendant committed the capital trafficking in cocaine or felony murder as consideration for the receipt, or in the expectation of the receipt, of anything of pecuniary value.
- Whether the defendant committed the capital trafficking in cocaine or felony murder after planning and premeditation.
- Whether the defendant committed the capital trafficking in cocaine or felony murder in a heinous, cruel, or depraved manner in that the offense involved torture or serious physical abuse to the victim.