Chapter 1. Capital Cases & Federal Constitutional Issues

 

[T]he imposition of capital punishment in the United States dates back to its colonial beginnings when the laws of each colony were strongly influenced by the Puritan religious beliefs of the day...

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Chapter 2. Case Management

 

Presiding over a capital case presents the trial judge with unique challenges and opportunities. No case is more difficult, yet none offers more opportunity for the judge to exercise the skills of the trade or carry out the sworn obligations of a judge’s oath... 

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Chapter 3. Pretrial Matters Unique to Capital Cases

 

Early and timely discovery and motions practice is extraordinarily important in capital cases. Jurisdictions vary in their approach in handling some or all pretrial matters...

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Chapter 4. Media Management

 

The trial judge is directly and personally responsible for maintaining the dignity and decorum of the courtroom proceedings. The media's interests do not involve issues of fair trial and due process...

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Chapter 5. Jury Selection

 

In a capital case, the judge cannot simply set the stage and let the lawyers conduct the jury seating. Almost all errors in jury seating are fundamental, structural errors...

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Chapter 6. Capital Case Trial Complications

 

In 1975, the U.S. Supreme Court recognized a criminal defendant’s constitutional right to defend him- or herself. Fortunately, the incidence of self-represented defendants in
capital cases is rare...

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Chapter 7. Intellectual Disability

 

In 2002, the United States Supreme Court, in Atkins v. Virginia, held that the death penalty represents a punishment not suitable under the Eighth Amendment for any mentally retarded individual...

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Chapter 8. Sentencing (Penalty) Phase

 

Capital punishment is a possible penalty for the most serious, “worst of the worst,” homicides. In every jurisdiction that authorizes the death penalty, it is reserved for the worst
homicides committed by the worst offenders...

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Chapter 9. Post-conviction Proceedings

 

The term “post-conviction remedy” refers to any procedural device that may be used to raise a collateral challenge to the judgment or sentence in a criminal case...

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Chapter 10. Federal Habeas Corpus

 

The writ of habeas corpus is a writ or order directing the person with custody of another to produce the “body” to the court so that the court can determine the legal sufficiency of the detention...