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CONDUCTING THE PENALTY PHASE OF A CAPITAL CASE by - flcourts

CONDUCTING THE PENALTY PHASE OF A CAPITAL CASE by - flcourts 2025

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The document titled 'Conducting the Penalty Phase of a Capital Case' by Susan F. Schaeffer serves as a comprehensive guide for judges in Florida overseeing the penalty phase of capital cases. It outlines the legal framework, including statutory and non-statutory aggravating and mitigating factors, jury instructions, and the judge's responsibilities after receiving a jury's recommendation. The document emphasizes the unique nature of death penalty cases, requiring heightened due process standards and careful consideration of evidence. It also discusses various scenarios that may arise during sentencing, such as defendants waiving mitigation or wanting to dismiss their attorneys. Overall, it aims to ensure that judges are well-informed and prepared to make just decisions in capital sentencing.

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What happens in the penalty phase?

The penalty phase is the part of a criminal trial where the judge or jury decides the punishment for a defendant who has been found guilty. This is also known as the sentencing phase. In a trial, the penalty phase would determine whether the defendant receives the death penalty or life in prison.

What is the difference between guilty and penalty phase?

If the jury finds the defendant guilty, the trial proceeds to the penalty phase of the trial, during which the jury reviews aggravating and mitigating evidence. The jury must then return a verdict of either death or life in prison without the possibility of parole.

What is the difference between death sentence and penalty?

Capital punishment, which is also known as the death penalty , is criminal punishment that takes the defendants life as the punishment for the defendants crime . The sentence ordering capital punishment is called the death sentence, and the act of carrying out the sentence is called an execution .

What is the difference between the guilt phase and the penalty phase?

During the guilt phase, a jury decides the defendants guilt or innocence. If the defendant is found guilty, the trial moves to a penalty phase in which the jury receives additional information and decides whether or not the defendant should be executed.

What is the guilt and sentencing phase?

A few months after the defendant is found guilty, they return to court to be sentenced. The judge receives guidance and assistance from several sources in order to sentence a defendant. Congress has established minimum and maximum punishments for many crimes which the judge uses to craft a sentence.

Who makes the final sentencing decision in capital cases?

Sentencing. After making that determination beyond a reasonable doubt, either the jury or a judge may decide on the actual sentence, and the court formally pronounces punishment on the defendant.

CONDUCTING THE PENALTY PHASE OF A CAPITAL CASE by - flcourts 2025

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