The Proposed Capital Penalty Phase Rules of Evidence
81 Pages Posted: 16 Jan 2015
Date Written: December 29, 2014
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.
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