Capital cases differ from more routine criminal cases in a number of ways. First, the possibility of a death sentence affects every phase of the litigation proceedings. These cases require early judicial management and substantial pretrial planning because they may involve the most severe form of punishment that society can inflict on its members. Second, these cases require extensive knowledge of a complex body of law and the intricacies of Federal criminal practice and procedure. Third, capital cases will most likely consist of two different proceedings: the guilt phase (trial) and the penalty phase (sentencing), both of which are normally held before a jury. The possibility of a two-phase trial affects preparation of a capital case. Judges can expect more motions, more legal challenges, and more work during these proceedings. A judge with a death-penalty-eligible case will generally find it necessary to appoint counsel for the defendant. A reasonable time before trial, the government must file with the court and serve on the defendant a notice of its intent to seek the death penalty. Both the prosecution and the defense rely on experts more extensively in capital cases than in other Federal criminal cases. Cases carrying a possible death penalty are very costly to the courts. Trial judges should anticipate various challenges to the Federal death-penalty statutes, including constitutional challenges to the statutes, and change-of-venue motions. Capital cases require that judges use a more active and involved management style than they use in routine criminal cases. Selecting and impaneling a jury involves substantial preparation, time, and care. Security concerns may be heightened because of the nature of the crimes committed, and because the defendant’s life is at stake. 43 footnotes
Resource Guide for Managing Capital Cases, Volume I: Federal Death Penalty Trials
NCJ Number
203712
Date Published
December 2002
Length
65 pages
Annotation
This document provides a resource for judges that are assigned capital cases with information on how other judges have handled these cases and an idea of what to expect as the case proceeds.
Abstract