<P> In some states, the high number of aggravating factors has been criticized on account of giving prosecutors too much discretion in choosing cases where they believe capital punishment is warranted . In California especially, an official commission proposed, in 2008, to reduce these factors to five (multiple murders, torture murder, murder of a police officer, murder committed in jail, and murder related to another felony). Columnist Charles Lane went further, and proposed that murder related to a felony other than rape should no longer be a capital crime when there is only one victim killed . </P> <P> In order for a person to be eligible for a death sentence when convicted of aggravated first - degree murder, the jury or court (when there is not a jury) must determine at least one of sixteen aggravating factors that existed during the crime's commission . The following is a list of the 16 aggravating factors . </P> <Ol> <Li> Murder while committing another felony . </Li> <Li> Offender was convicted of a separate felony involving a firearm prior to the aggravated murder . </Li> <Li> Being convicted of a separate felony where death or life imprisonment was authorized prior to the aggravated murder . </Li> <Li> Being convicted of any separate violent felony prior to the aggravate murder . </Li> <Li> The offender put the lives of at least 1 or more other persons in danger of death during the commission of the crime . </Li> <Li> Offender committed the crime in an especially cruel, heinous, or deprave manner . </Li> <Li> Offender committed the crime for financial gain . </Li> <Li> Offender committed the crime for monetary gain . </Li> <Li> The murder was premeditated, involved planning in order to be carried out, or the offender showed early signs of committing the crime, such as keeping a journal of the crime's details and posting things on the Internet . </Li> <Li> Offender was previously convicted of at least two drug offenses . </Li> <Li> The victim would not have been able to defend themselves while being attacked . </Li> <Li> Offender was previously convicted of a federal drug offense . </Li> <Li> Offender was involved in a long - term business of selling drugs to minors . </Li> <Li> A high - ranking official was murdered, such as the President of the United States, the leader of another country, or a police officer . </Li> <Li> Offender was previously convicted of sexual assault or child rape . </Li> <Li> During the crime's commission, the offender killed or tried to kill multiple people . </Li> </Ol> <Li> Murder while committing another felony . </Li>

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