The Law
California State Law
Aggravating and Mitigating Circumstances
The circumstances of the crime and the existence of special circumstances.

The presence or absence of violent criminal activity by the defendant.

The presence or absence of any prior felony convictions.

Whether the crime was committed while the defendant was under the influence of extreme mental or emotional disorder.

Whether the victim was a participant in the defendant's homicidal conduct or consented to the killing.

Whether the crime was committed under circumstances which the defendant reasonably believed to be a moral justification or extenuation for his conduct.

Whether the defendant acted under extreme duress or under the substantial domination of another person.

Whether at the time of the crime the capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law was impaired as a result of mental disease or defect, or the affects of intoxication.

The age of the defendant at the time of the crime.

Whether the defendant was an accomplice to the crime and his participation was relatively minor.

Any other circumstances which extenuates the gravity of the crime even though it is not a legal excuse for the crime.

    Lyle and Erik Menendez were convicted of first-degree murder on March 20, 1996, for the shotgun killings of their parents, Jose and Kitty Menendez. They are serving life prison terms without the possibility of parole.    
   
  • Full coverage
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  • Juror speaks out
    Lesley Hillings, a juror in the second Menendez murder trial, chats
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  • Aggravating and mitigating factors
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  • Defendants in the Hot Seat
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  • Lyle's Probation Report
    This probation report for Lyle Menendez recommends that probation be denied.
  • Erik's Probation Report
    No probation was also recommended for Erik Menendez, according to his probation report.
  • Sentencing Transcript
    Judge Stanley Weisberg sentenced Erik and Lyle Menendez to serve two consecutive life terms without parole, one for each parent
  • Jury Instructions
    Jurors were given these instructions before deciding the fate of the Menendez brothers
  • Motion on Escape Plans
    In this motion, Lyle Menendez sought to block prosecutors from introducing evidence that he planned on trying to escape police custody
  • Spending Exclusion Response
    In response to last-minute motions filed by the defense, the court addresses issues from seized credit cards to the defendant's bail request.
  • Photos Motion
    Prosecutors asked that photos of the brothers changing in the bathroom — which the defense says were taken by their slain father — be excluded from the retrial.
  • Spending Habits Motion
    The defense asks the court to prohibit evidence that Lyle and Erik Menendez went on a spending spree following the murders.
  • Statements Motion
    Lyle Menendez sought to block the prosecution from introducing out of court statements at the retrial
  • Motion to Exclude Testimony
    The state's motion seeking to exclude the testimony of teachers, coaches, friends and family members during the retrial of Erik and Lyle Menendez.
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