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  1. Mitigation, also referred to as "mitigating factors" or "mitigating evidence," is evidence the defense can present in the sentencing phase of a capital trial to provide reasons why the defendant should not receive a death sentence.

    • I. Introduction
    • II. Background
    • III. Criminal Law Sentencing Philosophy Applied to match-fixing
    • IV. Applying The Philosophy to The Law
    • V. Conclusion

    Worries over competitive integrity and match-fixing in esports have surfaced again with the recent approval of legal esports betting by the Nevada Gaming Control Board (NGCB). The recent Chinese Dota 2 match-fixing scandal has magnified these worries. The Chinese Dota 2 Professional Association (CDA) recently permanently banned Chinese Dota 2 team,...

    A. What Is Esports?

    Esports is the world of competitive and organized video games, similar to traditional professional sports. Esports can be described as a catch-all term just as traditional sports encompasses football, basketball, tennis, and baseball, to name a few. Comparatively, esports encompasses competitive video games, such as StarCraft, League of Legends, Counter Strike, and Dota 2.Because esports refers to any video game played at a professional and competitive level, theoretically any video game can...

    B. Match-Fixing Incidents in Esports

    Dictionaries define match-fixing as the dishonest activity to make sure that one team wins a particular sports match. The act of establishing a predetermined outcome, either by intentionally losing or by colluding with the opponent to determine who will win the match, is considered match-fixing. 18 U.S.C. § 224(a) prohibits bribery that seeks to influence the results of a match.Match-fixing falls under § 224 if there is a financial incentive provided to the fixer. Naturally, players would pro...

    Judges and legislators apply four main factors when determining the appropriate length for sentences of various crimes: (1) Deterrence; (2) Incapacitation; (3) Rehabilitation; and (4) Retribution or Justice. Judges balance each of these factors to determine how severe the punishment should be for a lawbreaker. This section draws upon scholarship—pa...

    Part III above establishes our criminal justice sentencing philosophy through the factors that help guide our criminal justice sentencing. But how can we apply it to actual punishments players should receive? In fact, to date, prosecutors rarely bring criminal charges against cheaters and match-fixers in esports; South Korea has been one of the few...

    The potential for the destruction of a game, or even the entire esports industry, due to match-fixing should be more heavily scrutinized by governments and developers. The actions of match-fixing have left many questions in esports unanswered. What if StarCraft: Brood War never fell from its throne in South Korea? What if Life continued his dominan...

  2. Death penalty trials consist of two phases: the guilt phase and the sentencing phase. Jurors are instructed not to make decisions on sentencing until after they have found the defendant guilty and have heard all the evidence presented in the sentencing phase.

  3. Sep 21, 2021 · Proponents who argue that the death penalty is needed as retribution argue that “an eye for an eye” is appropriate, that the punishment should match the crime, and that the penalty is needed as a moral balance to the wrong done by the criminal.

  4. Dec 14, 2009 · Issues addressed include the morality and deterrent effects of capital punishment, wrongful convictions, race and the death penalty, and the persistence of the death penalty in the United States as other nations have abolished capital punishment.

  5. Jul 12, 2024 · Crimes Punishable by Death. Death sentences may only be imposed for crimes in which a victim is killed, but state legislatures can determine what specific circumstances make a murder eligible for a death sentence.

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  7. Oct 4, 2024 · Capital punishment, execution of an offender sentenced to death after conviction by a court of law of a criminal offense. The term ‘death penalty’ is sometimes used interchangeably with ‘capital punishment,’ though imposition of the penalty is not always followed by execution. Learn more about capital punishment.

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