NCJ Number
132221
Date Published
1991
Length
184 pages
Annotation
This report examines issues relevant to the prosecution of death penalty cases in Pennsylvania and offers procedural information and judicial decisions to facilitate jury decisionmaking and case investigation.
Abstract
The first two report sections discuss subjects to be covered in voir dire and note case law on voir dire (Witherspoon and Witt standards, death qualified jurors, excusing jurors for cause, improper defense questions, questioning jurors on racial bias, and peremptory challenge of prospective jurors on the basis of race). Subsequent sections cover prejudicial pretrial publicity, bail in capital cases, notice of aggravating circumstances, defense investigation and psychiatrists, and court-ordered psychiatric evaluation of defendants. The report also deals with incompetency, insanity, diminished capacity, guilty but mentally ill cases, and voluntary intoxication. Additional sections consider challenges to the prosecutor's decision to seek the death penalty, jury finding of specific intent to kill, specific aggravating factors, prior convictions or crimes in the sentencing phase, mitigating circumstances, and sympathy pleas. Finally, the report focuses on the ineffectiveness of counsel, prosecution penalty closing, death penalty hearing procedures, and the investigation of jury deliberations.