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Oddly, death penalty opponents believe that the burden of proof is on those who say the death penalty is a deterrent. Clearly it is not. The weight of the evidence, within reason, history, common sense and the social sciences is that the potential for negative consequences restricts the behavior of some.
Second Degree Murder Penalties and Sentencing. After a jury has found a defendant guilty of second degree murder, the case moves on to the sentencing phase. During this phase, the defendant will learn what penalties the state or federal government will impose for their crime. There are several factors that determine what sentence a person convicted of second degree murder will receive. First, there is the actual language of the law that sets the penalty. Second, there is a range of aggravating and mitigating factors that courts can consider when deciding on a sentence.