Chapter 9 Lecture Notes Part 1

Chapter 9 Lecture Notes Part 1 - Chapter 9, Part 1 1...

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Chapter 9, Part 1 Chapter 9: Gacy v. Welborn Lecture Notes, Part 1 Section III: Problems Related to the Use of Social Knowledge Lesson: Law Refuses to Rely on Relevant Factual Knowledge Example: Comprehension of Jury Instructions Case : Gacy v. Welborn Court : U.S. Court of Appeals, 7th Circuit Operation of Capital Criminal Trials 1. Guilt Phase of Trial Pretrial Motions Jury Selection Preliminary Jury Instructions Judge decides on content Judge reads them to the jury Prosecution’s Opening Statement Defense’s Opening Statement] Prosecution’s Evidence, with Defense’s Cross-examination [Defense’s Opening Statement] Defense’s Evidence with Prosecution’s Cross-examination Attorneys’ Closing Statement Substantive Jury Instructions Judge decides on content Judge reads them to the jury Jury Deliberations Weighing evidence in light of the law Jury nullification 1
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Chapter 9, Part 1 Verdict (Guilt/Innocence) 2. Penalty Phase (AKA Sentencing Phase) of Trial If the verdict is guilty in a capital case, then the case goes to a sentencing jury Depending on the law of the jurisdiction, the sentencing jury can be the same or a different group of jurors As in the Guilt Phase, there is: Jury selection, unless it was carried out during Guilt Phase because the same jury is sitting in both phases Presentation of evidence Jury Instructions Jury Deliberation Jury decides whether to impose the death penalty or life imprisonment 3. Law Controlling Capital Sentencing To justify the death sentence, the prosecution bears the burden of establishing the existence of at least one defined aggravating circumstance If there is no aggravating circumstance then the defendant gets life imprisonment If an aggravating circumstance is found to exist by the sentencing jury then the defense can introduce any evidence which tends to show that the defendant is not deserving of death (i.e., mitigating circumstance ) How mitigation works: If the jury unanimously finds that there are no mitigating factors , the court will sentence the defendant to death But if a single juror believes that a single mitigating factor exists,
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Chapter 9 Lecture Notes Part 1 - Chapter 9, Part 1 1...

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