In part one of this series, we looked at how capital murder is defined in state law and initial decisions by the prosecutor on charging and the question of death notice.   In part two, the focus was on decisions about going to trial or offering a plea bargain.  That brings us to decision point 3.   Decision point 3:  Jury and Judge decisions If a capital murder defendant is found guilty of capital murder and the death penalty is being sought, there is a second “trial”.  During the penalty phase, the prosecution presents evidence why death is the appropriate […]

In the first part of this series, we looked at how the law defines capital murder and initial decisions by the prosecutor on charging and the question of death notice.  Those are just the first of a series of decision points in Kansas capital cases.   Decision point 2:  go to trial or plea bargain? In this pre trial phase, both prosecution and defense are gathering data on the defendant and the case.  Sometimes information comes to light that sheds new light on the crime or on the defendant.   If the prosecutor filed capital and gave death notice, as the case […]