The Proposed Capital Penalty Phase Rules of Evidence

81 Pages Posted: 16 Jan 2015

See all articles by David McCord

David McCord

Drake University Law School

Mark W. Bennett

U.S. District Court (Northern District of Iowa); Independent; Drake University - Law School

Date Written: December 29, 2014

Abstract

No person or organization has ever proposed model rules of evidence for the unique penalty phase of a death penalty trial. Now a law professor skilled in the scholarship of both death penalty jurisprudence and evidence, and a federal judge with extensive federal death penalty experience, do just that. This work transcends the hodge-podge of evidentiary approaches taken by the various state jurisdictions and federal law. The result is the Proposed CAPITAL PENALTY PHASE RULES OF EVIDENCE — clear and uniform rules to govern the wide-ranging evidentiary issues that arise in the penalty phase of capital trials. Death penalty trials, long criticized for the arbitrariness of their results, will greatly benefit from these Rules.

Suggested Citation

McCord, David and Bennett, Mark W., The Proposed Capital Penalty Phase Rules of Evidence (December 29, 2014). Cardozo Law Review, Vol. 36, p. 417, 2014. Available at SSRN: https://ssrn.com/abstract=2549659

David McCord

Drake University Law School ( email )

27th & Carpenter Sts.
Des Moines, IA 50311
United States
515-271-2069 (Phone)
515-271-2530 (Fax)

Mark W. Bennett (Contact Author)

U.S. District Court (Northern District of Iowa) ( email )

320 6th St.
Sioux City, IA 51101
United States
712-233-3909 (Phone)

Independent ( email )

No Address Available

Drake University - Law School ( email )

27th & Carpenter Sts.
Des Moines, IA 50311
United States

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