NCJ Number
118288
Date Published
1988
Length
50 pages
Annotation
In capital sentencing proceedings, defense counsel should aim for a life sentence by attacking the prosecution's case and presenting mitigating evidence.
Abstract
Defense counsel must present any evidence and argument that will humanize the client and persuade the sentencer that the client should not be executed. The jury, where it has the sentencing power, must receive a clear explanation of the legal framework that will justify a grant of mercy. If the judge is the sentencer, arguments likely to influence the legal mind should be developed. Counsel must also be constantly aware of the record being created for review in the event a death verdict is reached. Specific objections, motions for a mistrial, requests for cautionary instructions, and requests to charge may mean the difference between an affirmance and a remand for a new penalty hearing. If two attorneys are involved in the case, one could be primarily responsible for the guilt-innocence state, and the other could address the penalty stage. Psychologists, social workers, and other behavioral experts should be used both for consultation and testimony. 91 footnotes, appended State-by-State provisions of capital punishment statutes.