After watching the closing arguments for the sentencing phase in a death penalty case today I was approached by a person in the hall and he asked what a jury must decide in order to reach a verdict of death. The death penalty is a difficult concept for most people. It is a very real issue here in Texas – some for and some against it. Generally, for a single defendant, this is how it goes: After MEMBERS OF A JURY have found the defendant guilty of the offense of capital murder the judge will instruct the jury that the defendant shall be punished by life in prison without parole, or by death. The jurors must determine, from all the evidence in the case, the answers to two specific questions called “Special Issues.” SPECIAL ISSUE NUMBER 1: Whether there is a probability that the defendant would commit criminal acts of violence that would constitute a continuing threat to society. This answer comes in the form of a “Yes” or “No.” The prosecution has the burden of proving that the answer to Special Issue Number 1 should be “Yes,” and it must do so by proving a “Yes” beyond a reasonable doubt. If the prosecution fails to do so, the jury must answer Special Issue Number 1 “No.” In deciding Special Issue Number 1, the jury must consider all evidence admitted at the guilt or innocence stage and the punishment stage, including evidence of the defendant’s background or character of the circumstances of the offense that mitigates for or mitigates against the imposition of the death penalty. The jury may not answer Special Issue Number 1 “Yes” unless they agree unanimously. Here is what I think is an interesting part – the jury may not answer Special Issue Number 1 “No” unless ten or more jurors agree. If the jury answers Special Issue Number 1 “Yes,” then, and only then, they move on to the following Special Issue Number 2. SPECIAL ISSUE NUMBER 2: Whether, taking into consideration all of the evidence, including the circumstances of the offense, the defendant’s character and background, and the personal moral culpability of the defendant, there is a sufficient mitigating circumstance or circumstances to warrant that a sentence of life imprisonment without parole rather than a death sentence be imposed. If the jury finds that circumstance(s) warrant that a sentence of life imprisonment without parole rather than a death sentence should be imposed, the Court will sentence the defendant to life in prison without parole. The jury may not answer Special Issue Number 2 “No” unless they agree unanimously. And just like with Special Issue Number 1, the jury may not answer Special Issue Number 2 “Yes” unless ten or more jurors agree. In deciding Special Issue Number 2 the jury will consider mitigating evidence to be evidence that a juror might regard as reducing the defendant’s moral blameworthiness. The sentencing trial is a separate and distinct trial from the guilt/innocence trial. What this means is that the jury has already found the defendant guilty of capital murder. Then, they move on to the sentencing trial to decide these issues. So, if the jury finds a “Yes” on Special Issue Number 1, and a “No” on Special Issue Number 2, the court will sentence the defendant to death. If the jury finds a “No” on Special Issue Number 1 or “Yes” on Special Issue Number 2 the court will sentence the defendant to life in prison without parole. This is a very simplistic and general overview to the process.
Posted on: Fri, 16 May 2014 20:14:02 +0000
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