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PROSECUTION OF A DEATH PENALTY CASE IN PENNSYLVANIA: WITH ANALYSIS OF UNITED STATES SUPREME COURT CASES

NCJ Number
145288
Author(s)
E D Preate Jr
Date Published
1993
Length
254 pages
Annotation
This manual discusses and explains issues and procedures pertinent to the prosecution of a death penalty case in Pennsylvania, with attention to relevant U.S. Supreme Court cases.
Abstract
The discussion of trial preparation focuses on the importance of obtaining all evidence from the police investigative file and confirming with witnesses the accuracy of police interview information. Information on pretrial discovery addresses general obligations and constitutional obligations. An explanation of voir dire outlines the subjects that the prosecutor must cover in voir dire. This is followed by a review of caselaw on voir dire. Other pretrial procedures discussed are prejudicial pretrial publicity, bail, notice of aggravating circumstances, and a psychiatric evaluation of the defendant. A chapter also discusses how the prosecutor can defeat a defense challenge to the prosecutor's decision to seek the death penalty. The topic pertinent to the trial itself is the necessity of the jury's finding specific intent to kill. Issues discussed in the sentencing procedure are the nature of aggravating circumstances, mitigating circumstances, and how to combat a sympathy plea by the defendant. The death penalty hearing procedure is also discussed. Table of citations