Final answer:
In the bifurcated process necessary in capital cases and sentencing, all factors including the severity of the crime, defendant's criminal history, presence of aggravating factors, and defendant's age must be considered. This ensures a fair and just sentencing process, especially when the death penalty or life imprisonment is a potential outcome.
Step-by-step explanation:
In capital cases and sentencing, a bifurcated process that separates the guilt phase from the sentencing phase is used. In this type of proceeding, several critical factors must be evaluated to determine the appropriate sentence. These factors include: 1) The severity of the crime, 2) The defendant's criminal history, 3) The presence of aggravating factors, and 4) The defendant's age. The Supreme Court has ruled that these aspects are vital in ensuring a fair and just sentencing process, specifically in cases involving the death penalty or life imprisonment. For example, in Proffitt v. Florida, the Court upheld a death penalty statute because it properly weighed aggravating against mitigating factors.
Aggravating factors might include the nature of the crime, such as whether it was particularly heinous, cruel, or involved multiple victims. Mitigating factors might include the defendant's background, mental health, or age at the time the crime was committed. As established by the Supreme Court, it is unconstitutional to apply the death penalty to those who were under 18 when they committed a crime.
Therefore, when answering which of the factors must be considered as part of the bifurcated process necessary in capital cases and sentencing, the correct answer is 5) All of the above.