(1) The Legislature hereby finds that it is reasonable and necessary to establish mandatory standards for the imposition of the sentence of death; that the imposition of the death penalty in every instance of the commission of the crimes specified in section 28-303 fails to allow for mitigating factors which may dictate against the penalty of death; and that the rational imposition of the death sentence requires the establishment of specific legislative guidelines to be applied in individual cases by the court. The Legislature therefor determines that the death penalty should be imposed only for the crimes set forth in section 28-303 and, in addition, that it shall only be imposed in those instances when the aggravating circumstances existing in connection with the crime outweigh the mitigating circumstances, as set forth in sections 29-2520 to 29-2524.
(2) The Legislature hereby finds and declares that:
(a) The decision of the United States Supreme Court in Ring v. Arizona (2002) requires that Nebraska revise its sentencing process in order to ensure that rights of persons accused of murder in the first degree, as required under the Sixth and Fourteenth Amendments of the United States Constitution, are protected;
(b) The changes made by Laws 2002, LB 1, Ninety-seventh Legislature, Third Special Session, are intended to be procedural only in nature and ameliorative of the state's prior procedures for determination of aggravating circumstances in the sentencing process for murder in the first degree;
(c) The changes made by Laws 2002, LB 1, Ninety-seventh Legislature, Third Special Session, are not intended to alter the substantive provisions of sections 28-303 and 29-2520 to 29-2524;
(d) The aggravating circumstances defined in section 29-2523 have been determined by the United States Supreme Court to be "functional equivalents of elements of a greater offense" for purposes of the defendant's Sixth Amendment right, as applied to the states under the Fourteenth Amendment, to a jury determination of such aggravating circumstances, but the aggravating circumstances are not intended to constitute elements of the crime generally unless subsequently so required by the state or federal constitution; and
(e) To the extent that such can be applied in accordance with state and federal constitutional requirements, it is the intent of the Legislature that the changes to the murder in the first degree sentencing process made by Laws 2002, LB 1, Ninety-seventh Legislature, Third Special Session, shall apply to any murder in the first degree sentencing proceeding commencing on or after November 23, 2002.
Notes of Decisions
Cited in
32
cases (
4 in the last 5 years), 1977–2026 · leading case:
State v. Lotter, 586 N.W.2d 591 (Neb. 1998).
State v. Lotter, 586 N.W.2d 591 (Neb. 1998).
· cites it 18× “§ 27-605 (Reissue 1995); Neb.Rev.Stat. § 29-2519 et seq. (Reissue 1989 & Cum.”
State v. Gales, 658 N.W.2d 604 (Neb. 2003).
· cites it 7× “See, Neb. Rev. Stat. §§ 29-2519 to 29-2546 (Reissue 1995 & Cum.”
State v. Reeves, 344 N.W.2d 433 (Neb. 1984).
· cites it 10× “Defendant asserts that Neb.Rev.Stat. §§ 29-2519 et seq. (Reissue 1979) set out the exclusive sentencing procedure in homicide cases and that because these statutes do not specifically mandate the use of a presentence investigation, the sentencing panel was in error in doing so.”
State v. Palmer, 399 N.W.2d 706 (Neb. 1986).
· cites it 6× “268 (codified as Neb.Rev.Stat. § 29-2519 (Reissue 1975)) set out the intent of the Legislature and provided: The Legislature hereby finds that it is reasonable and necessary to establish mandatory standards for the imposition of the sentence of death; that the imposition of the…”
State v. Hochstein, 632 N.W.2d 273 (Neb. 2001).
· cites it 5× “As explained below, we conclude in each case that given the provisions of the “Special Procedure in Cases of Homicide,” Neb. Rev. Stat. §§ 29-2519 through 29-2546 (Reissue 1995 & Cum.”
State v. Gales, 694 N.W.2d 124 (Neb. Ct. App. 2005).
· cites it 3× “Constitutional Challenges to Capital Sentencing Procedures (a) Assignment of Error Nebraska’s capital sentencing provisions, Neb. Rev. Stat. § 29-2519 et seq. (Reissue 1995 & Cum.”
State v. Williams, 352 N.W.2d 538 (Neb. 1984).
· cites it 10× “2d 433, 444 (1984), and is disposed of by the opinion in Reeves: Defendant asserts that Neb.Rev.Stat. §§ 29-2519 et seq. (Reissue 1979) set out the exclusive sentencing procedure in homicide cases and that because these statutes do not specifically mandate the use of a…”
State v. Moore, 316 N.W.2d 33 (Neb. 1982).
· cites it 6× “(2) Neb.Rev.Stat. §§ 29-2519 through 29-2523 (Reissue 1979), providing the conditions under which the death penalty may be imposed, are unconstitutional because they do not provide for a jury determination of the existence of the aggravating and mitigating circumstances…”
State v. Stewart, 250 N.W.2d 849 (Neb. 1977).
· cites it 5× “On August 20, 1975, the trial court, after a hearing pursuant to sections 29-2519 et seq., R. R. S. 1943, sentenced the defendant to death on the charge of premeditated murder, and to 15 to 50 years imprisonment on the charge of shooting with intent to kill, wound, or maim.”
State v. Reeves, 604 N.W.2d 151 (Neb. 2000).
· cites it 6× “2d 409 (1990), this court failed to follow the terms of the death penalty sentencing statutes, Neb. Rev. Stat. §§ 29-2519 to 29-2546 (Reissue 1989) (now found in Reissue 1995 & Cum.”
State v. Mata, 745 N.W.2d 229 (Neb. 2008).
· cites it 2× “[29] See Neb.Rev.Stat. § 29-2519 (Cum.Supp. 2006).”
State v. Williams, 287 N.W.2d 18 (Neb. 1979).
· cites it 4× “See §§ 29-2519 and 29-2520, R.S.Supp., 1978. The Nebraska act, L.”
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