Criminal LawCapital PunishmentCompetency to Stand TrialJury InstructionsAggravating Circumstancesdeath penaltyaggravating circumstancemurder
Facts
At retrial, Jacobs was convicted of murder, first-degree sexual abuse, and first-degree kidnapping. During the penalty phase, the trial court instructed the jury that it could find as the sole aggravating circumstance that Jacobs murdered the victim while engaged in the commission of kidnapping, and the jury so found. Jacobs also challenged numerous guilt-phase rulings, including competency, jury selection, evidentiary rulings, and instructions.
Issue
Whether Jacobs's death sentence for murder could stand when the only aggravating circumstance found by the jury was that he committed the murder while engaged in kidnapping. The appeal also raised multiple guilt-phase claims, including competency and instructional error.
Rule
Under Kentucky's capital sentencing scheme, death may not be imposed unless the sentencer finds at least one statutory aggravating circumstance enumerated in KRS 532.025(2) or otherwise authorized by law for the offense at issue. For a murder conviction, kidnapping is not an aggravating circumstance authorized by law under KRS 532.025, so a death sentence based solely on that circumstance is invalid.
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One of 10 multiple-choice questions for this case. Pick an answer to see why.
In Kentucky, a jury convicted Omar Bennett of murder and first-degree kidnapping arising from an abduction in Louisville. During the penalty phase, the court instructed the jury that it could impose death for the murder conviction if it found beyond a reasonable doubt that Omar committed the murder while engaged in kidnapping, and the jury found only that circumstance.
Is the death sentence for the murder conviction valid?
Explanation. The sentence is invalid. The majority held that Kentucky's capital sentencing scheme requires at least one aggravating circumstance that is specifically authorized by law for the offense being sentenced. For a murder conviction, kidnapping is not an aggravating circumstance authorized by KRS 532.025, so death cannot rest solely on that finding. (Derived from Jacobs v. Commonwealth (n.d.).)