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Death Penalty Phases of Trial

8/21/2017

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In states that permit the death penalty, there are often two separate phases of the trial—the guilt phase and the penalty phase.  Murder is the only crime for which someone may be sentenced to death.  A murder that is eligible for the death penalty is called a capital murder. Often, there must be certain “special circumstances” that make a particular murder eligible for the death penalty.

Guilt Phase Trial

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The first part of a capital trial is the guilt phase.  In the guilt phase, the jury (or judge) determines whether the defendant is guilty of the charged crimes.  The only question the jury may consider is whether the evidence proves beyond a reasonable doubt that the defendant committed the charged crimes.  The jury is not permitted to consider the possible sentence in the guilt phase.

If the defendant is found guilty of a crime that leaves him eligible for the death penalty, then there is a penalty phase of trial. 

Penalty Phase Trial

During the penalty phase, the jury often hears additional evidence to help it make a decision about whether the death penalty should be imposed. 

Different, more relaxed, rules of evidence apply during the penalty phase.  The prosecution typically presents aggravating evidence.  Aggravating evidence is that which suggests that death is the appropriate penalty. 

The defense attorney typically presents mitigating evidence.  Mitigating evidence is that which suggests the defendant does not deserve to be sentenced to death.
Factors that a jury might consider in deciding whether to impose the death penalty include:
  • The circumstances of the crime
  • The defendant’s mental and emotional state at the time of the crime
  • Whether the defendant was legally insane or intoxicated at the time of the crime
  • Whether the defendant believed the crime to be morally justified
  • The defendant’s age and level of participation in the crime
  • Prior felony convictions
  • Other violent crimes committed by the defendant, whether he was convicted or not
  • The victim’s role or participation in the murder
  • Victim impact evidence (the impact of the murder on the victim’s family and friends)
  • Any other extenuating circumstances
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In California, the only two sentencing options available at the penalty phase are death or life without the possibility of parole.  Life without the possibility of parole is often called LWOP (pronounce el-wop).  A defendant sentenced to LWOP will spend the rest of his life in prison (unless his conviction is overturned).  It is considered a true life sentence.

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"Death In the City of Light" - True Crime Book Review about a Serial Killer in Nazi-Occupied Paris

12/12/2012

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"Death in the City of Light" is a true crime book by David King about a serial killer who murdered dozens of people in Nazi-occupied Paris, France during World War II. 
Death in the City of Light: The Serial Killer of Nazi-Occupied Paris
The crimes committed by the accused serial killer and physician, Dr. Marcel Petiot, were truly horrible.  In addition to being gruesome, his crimes targeted some of the most vulnerable people during World War II - those who wanted to escape the Gestapo. 

Dr. Petiot was seen by those who knew him alternately as a charming humanitarian or a creep.  Dr. Petiot made a reputation for himself by providing free services to the poor.  He was also known to service drug users and was investigated more than once for improperly proscribing medication to addicts.

Petiot effectively used the Nazi occupation of Paris and the French Resistance movement to recruit new victims, prevent too many questions from being asked, and cover his crimes.  Once he is discovered and captured, the central question of his trial becomes whether his murders were committed for the Gestapo, the Resistance, or himself.

The book loses a lot of steam when the trial starts about halfway through.  Normally I'm fascinated by how a foreign country's criminal justice system and trial process compares to the United States, but this one got too bogged down in details.  Also, the author made a point of focusing on the defendant's "witty" remarks in court and the trial audience's delight in him, which was hard to take after learning of all the disgusting things he had done. 

More interesting were some of the procedures used in the French criminal court which were very different from a U.S. criminal trial.  For example, the first part of the trial was basically dedicated to an interrogation of the defendant by the trial judge and lawyers.  By contrast, in the U.S., we have the Fifth Amendment, which protects criminal defendants from ever having to speak in a criminal trial and even prevents the lawyers from commenting on his failure to testify.

Also, several of the victims in the French criminal trial were represented by civil attorneys who actively participated in the trial.  They questioned witnesses and presented evidence.  In the U.S. court system, criminal and civil trials are completely separate.

One of the things I was most struck by was the apparent lack of order in questioning and argument during the French trial.  The defendant and lawyers would speak up, question witnesses, and make arguments seemingly without structure or order.  If this is really the way of a French criminal trial, it is hard to imagine how anything could get accomplished with such a system.  Especially with so many lawyers involved and given lawyers' love of hearing themselves talk!

As far as foreign true crime serial killer books go, I preferred "The Monster of Florence" by Douglas Preston.
The Monster of Florence
Check out my review of "The Monster of Florence" here.

Overall, however, the story underlying "Death in the City of Light" is simply too disturbing and intriguing to ignore. 
Death in the City of Light: The Serial Killer of Nazi-Occupied Paris
(Click the images or links above to check out the books for yourself.)

Also, get your free ebook revealing the Top 7 Mistakes Made by Writers of Crime, Mystery, and Legal Drama.
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Life "of Leisure" on Death Row?

1/25/2012

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Danny Robbie Hembree is on death row at Central Prison in Raleigh, N.C.  In an editorial letter he sent to his hometown paper, the Gaston Gazette, he describes himself as "a gentleman of lesiure [sic], watching color TV in the A.C., reading, taking naps at will, eating three well balanced meals a day." 

Hembree taunts his readers with the costs of his trial and upkeep, as well as the relative comfort in which he lives on death row.  He explains that he has access to "free medical care 24/7" at a new 55 million dollar facility.

Humbree, 50, was convicted of murdering two North Carolina women and a 17-year-old girl.  Like many states, no one has been executed in North Carolina since 2006 because of legal challenges over lethal injections and whether a physician must oversee executions.

"Is the public aware that the chances of my lawful murder taking place in the next 20 years if ever are very slim?" Hembree asked. 

Hembree states that he "is ready to except [sic] his unjust punishment and face God Almighty with a clear conscience."  He taunts, "Kill me if you can, suckers. Ha! Ha! Ha!"

You can see Henbree's handwritten letter here.

*To receive interesting crime and criminal law news stories like this, as well as other crime facts and information, join the Criminal Law Community.
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Free Autographed Book Giveaway - Deadline Extended!

1/13/2012

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We've extended the deadline to enter our first free autographed book giveaway.  You now have until February 15, 2012, to enter.

We are giving away an autographed hardcover edition of:  "Chasing Justice:  My Story of Freeing Myself After Two Decades on Death Row for a Crime I Didn't Commit" by Kerry Max Cook. 

This incredible true story has gotten great reviews and is a great read!  For more info about the book and to enter, check out our Giveaway page. 
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Book Giveaway!

12/14/2011

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I'm giving away an autographed hardcover copy of Chasing Justice: My Story of Freeing Myself After Two Decades on Death Row for a Crime I Didn't Commit" by Kerry Max Cook.

The book has received excellent reviews:

"Chasing Justice is captivating. . . .  It is going to break through political barriers and be a catalyst for reform."  (Sister Helen Prejean, author of Dead Man Walking)

"Chasing Justice is an immensely compelling story that is hard to believe.  If it were fiction, no one would believe it.  But it's not, and Kerry Cook's account of his nightmare is fascinating."  (John Grisham, best-selling author)

"Deserves a wide readership alongside John Grisham's The Innocent Man."  (Publishers Weekly)

"Cook's story is so gripping that only a heart of steel won't break after reading it."  (People Magazine)

Sign up to win Chasing Justice by January 15, 2012!

Or buy the book:
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Documentary Filmmaker Emphasizes Need to Understand Legal Background and Framework in Murder and Mystery Films

12/8/2011

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Joe Bailey Jr., the director of an award-winning documentary, "Incendiary," told CNN that legal knowledge gave him confidence in the choices they made when making the film. 

Bailey's film, "Incendiary," explores the legal, scientific, and political impact of a Texas arson murder case.  Cameron Todd Willingham was executed in 2004 after being convicted of murder in the house fire deaths of his three young children.  The film questions the scientific accuracy of arson investigations and the legal ramifications of a death sentence.

Bailey describes the film as "equal parts murder mystery, forensic investigation and political drama.  What we found so fascinating about the case and the story was the way that law and science and politics collide in this story in a really kind of life and death struggle."

Bailey had a law degree, which he found helpful in exploring the case.  Despite his law degree, Bailey consulted with his wife, who is an attorney, as well as law professors, to help him understand and portray his subject in depth. 

"I feel that a lot of people who are making films about legal things occasionally get things wrong, and it's really frustrating," Bailey told CNN.  "But more often they'll gloss over the process and the legal meat of a subject because they're afraid of it."

That's the essence of why I consult with writers and filmmakers.  I remove the doubt and fear out of criminal law topics, and help you get it right.  You don't have to be a lawyer to create authentic and knowledgeable crime and legal projects.  But it helps to have a knowledgeable, experienced criminal lawyer in your corner. 

Contact me for a free initial consultation.  Or sign up to receive my FREE Writer's Guide:  Top 7 Mistakes Made by Writers of Crime, Mystery and Legal Drama.
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Oregon Governor Stops Executions and Suspends the Death Penalty

11/23/2011

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Oregon Governor John Kitzhaber has declared a moratorium on the death penalty in Oregon.  Oregon joins 16 other states and the District of Columbia in its removal of the death penalty as a sentencing option.

Oregon Governor Kitzhaber said, "I am convinced we can find a better solution that keeps society safe, supports the victims of crime and their families, and reflects Oregon values.  I refuse to be a part of this compromised and inequitable system any longer; and I will not allow further executions while I am Governor."

Governor Kitzhaber's decision stops the execution of twice-convicted murderer, Gary Haugen, which was scheduled for December 6, 2011.  Haugen had waived his appeals.

Governor Kitzhaber said his decision was made "[b]oth because of my own deep personal convictions about capital punishment and also because in practice, Oregon has an expensive and unworkable system that fails to meet basic standards of justice."

Governor Kitzhaber noted his decision was not based on compassion for Haugen or other death row inmates.  He pointed out that the death penalty is imposed unfairly, with people who have committed similar crimes to those on death row serving life sentences.
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    Author

    Blythe Leszkay is a successful and experienced criminal attorney, criminal law professor, and consultant to writers and filmmakers.  See About Me.  This blog is intended to answer common criminal law questions, dispel misconceptions, and explain misunderstood criminal law concepts.  It is also a place to discuss any crime or law related topics of interest.  Contact me for a free initial consultation on your film or writing project.

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