For these reasons, execution of those offenders who committed capital felonies prior to April 25, 2012, would violate the state constitutional prohibition against cruel and unusual punishment. On June 12, 2012, this court ultimately affirmed the judgment of conviction but reversed the sentence of death and remanded the case for a new penalty phase hearing on the ground that the defendant had been deprived of the opportunity to review and use certain potentially mitigating evidence. The underlying facts of this case, which are set forth in detail in Santiago I, may be summarized briefly as follows. Shortly before we released our opinion in Santiago I, the defendant filed a motion for permission to file a supplemental brief in support of his argument that the prospective abolition of capital punishment barred the state from seeking the death penalty at his new penalty phase hearing. We denied the defendant's motion, concluding that his new appellate claims would be more appropriately addressed in the context of a postjudgment motion. Thereafter, the defendant filed such a motion, in which he sought reconsideration of our decision in Santiago I. Supreme Court Records & Briefs, April Term, 2013, Amicus Brief of the American Civil Liberties Union Foundation of Connecticut p. We granted the defendant's motion for reconsideration and request for supplemental briefing and further oral argument without limitation. In parts II and III of this opinion, we turn to that issue, namely, whether, in light of the enactment of P. 12–5, the Connecticut constitution now forbids the imposition of the death penalty. Upon careful consideration of the defendant's claims in light of the governing constitutional principles and Connecticut's unique historical and legal landscape, we are persuaded that, following its prospective abolition, this state's death penalty no longer comports with contemporary standards of decency and no longer serves any legitimate penological purpose. Thereafter, the defendant filed a motion for reconsideration in which he asked this court to consider, among other things, whether the prospective repeal leads inexorably to the conclusion that capital punishment has ceased to comport with state constitutional requirements. Consequently, we reverse the judgment of the trial court with respect to the sentence of death on the capital felony count and remand the case to that court with direction to sentence the defendant to life imprisonment without the possibility of release on that count. Specifically, the defendant sought review of what we characterized as four “new appellate claims,” the first of which was that, “although his crimes were committed prior to the effective date of [P. 12–5], that legislation nevertheless ‘represents a fundamental change in the contemporary standard[s] of decency in Connecticut and a rejection of the penological justifications for the death penalty,’ rendering the death penalty now cruel and unusual punishment․” Id., at 308 n.167. Because we have not previously undertaken a comprehensive review of these constitutional liberties, we first consider their scope and nature in full, before considering how they apply to the defendant's specific challenge to Connecticut's current capital punishment scheme. 672, 610 A.2d 1225 (1992), we identified six nonexclusive tools of analysis to be considered, to the extent applicable, whenever we are called on as a matter of first impression to define the scope and parameters of the state constitution: (1) persuasive relevant federal precedents; (2) historical insights into the intent of our constitutional forebears; (3) the operative constitutional text; (4) related Connecticut precedents; (5) persuasive precedents of other states; and (6) contemporary understandings of applicable economic and sociological norms, or, as otherwise described, relevant public policies. Buy now and take advantage of our summer savings specials!
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Weiner, deputy assistant state's attorney, and, on the brief, Kevin T. Fahey, senior assistant state's attorneys, for the appellee (state). Metcalf filed a brief for experts on international human rights and comparative law as amicus curiae. Social scientists repeatedly have confirmed that the risk of capital punishment falls disproportionately on people of color and other disadvantaged groups.
Masotta filed a brief for the American Civil Liberties Union Foundation of Connecticut as amicus curiae. Scheidegger, pro hac vice, and Judith Rossi filed a brief for the Criminal Justice Legal Foundation as amicus curiae. to 1999) § 53a–46a, at which the jury found the existence of an aggravating factor, one or more jurors found the existence of one or more mitigating factors, and the jury found that the aggravating factor outweighed the mitigating factor or factors. Accompanying this dramatic departure are a host of other important developments that have transpired over the past several years.
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