The Depravity Standard I: An introduction

HAC aggravators, despite efforts to refine them in response to court rulings, do not prevent impressionistic conclusions affected by bias. These aggravators remain vulnerable to arbitrary application. A Depravity Standard informed by a reference point of felony cases and public input would assist the trier of fact to assess depravity in crime in accordance with societal standards, and improve the fairness of sentencing.