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Constitutional Law Keyed to Choper
Dawson v. Delaware
Citation:
503 U.S. 159 (1992)Facts
In December 1986, David Dawson and three other inmates escaped from the Delaware Correctional Center. After stealing a car, Dawson burglarized a house and then proceeded to the home of Madeline Kisner, whom he murdered before stealing her car and money. Later that evening, he introduced himself at a bar as “Abaddon,” claiming it meant “one of Satan’s disciples.” He was subsequently apprehended. Following his conviction for first-degree murder and other crimes, a penalty hearing was conducted to determine whether he should receive the death penalty. The prosecution sought to introduce evidence about Dawson’s membership in the Aryan Brotherhood, his use of the name “Abaddon,” and his swastika tattoos. The parties agreed to a stipulation stating only that the Aryan Brotherhood was “a white racist prison gang” that began in California in the 1960s and existed in many state prisons including Delaware. Dawson presented mitigating evidence including testimony about his kindness to family members and good time credits earned in prison. The jury found three statutory aggravating circumstances, concluded that they outweighed the mitigating evidence, and recommended the death penalty.
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