The purpose of this article is to bring awareness to the misapplication of North Carolina's (f)(1) mitigating circumstance. Part II provides the legal development of the Eighth Amendment in the United States Supreme Court. Part III provides a background on North Carolina's death penalty scheme. Part IV addresses North Carolina law on mitigating circumstances. Finally, Part V provides analogous situations in the criminal law of North Carolina where the same acts admitted under the (f)(1) mitigating circumstance are treated as "significant", including The Structured Sentencing Act, The Habitual Offender Act, and the submission of the (e)(3) aggravating circumstance and the (f)(1) mitigating circumstance in the same case.



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