Players in a Death Penalty Case

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There are, of course, the realities of today’s economy that we must consider here. Recently, there was a news release that one out of every six dollars that Americans receive comes from a government source. Governments must be extremely careful with their dollars, given the current economic situation.

By revamping the indigent defense statutory…

There will be many people who read about the actions of Florida Death Row inmate William Deparvine with disgust, or anger, or both – and with his appeal on the truck claim going forward, there will many more new stories to invite further emotional response to Deparvine’s actions.

Who is William Deparvine?

William Deparvine is…

A few weeks ago, we posted about the Ohio death row case of Vietnam Vet Gary Cone, where the United States Supreme Court returned the case back to the lower courts for a fresh consideration of his sentencing after finding that 23 years ago, Cone’s due process rights had been violated because the prosecution withheld key evidence that was favorable to the defense – exculpatory evidence.

Sad to say, this happens all too often in this country.

Just this past week, in the Washington Post, Maryland attorneys Albert D. Brault and Timothy F. Maloney wrote an excellent article entitled, “A Standard for Fair Trials,” where they outlined several examples of prosecutorial misconduct in the form of withholding exculpatory evidence.
Continue Reading The Problem of Prosecutors Withholding Exculpatory Evidence

On Tuesday, our post focused upon the pending Dennis Cyrus case in California, and how this case may be the first time in over half a century that a defendant setting in a San Francisco court actually faces capital punishment for a crime.

Looking at the case from another angle, there are several key examples of how the prosecutor works in a death penalty case. First, there’s the consideration of the head prosecutor for that jurisdiction.

Federal Prosecutors

Federal prosecutors pursue matters in federal criminal courts under the auspices of the region’s U.S. Attorney, who in turn is an employee of the Department of Justice. U.S. Attorneys are appointed to their positions.

As a part of the executive branch, federal prosecutors have guidelines to follow in capital punishment matters. In the Cyrus case, the example is shown of the Bush Administration’s established policy that there be uniformity among all U.S. Attorneys in their decisions to seek the death penalty. While the particular federal prosecutor does have some autonomy to try his or her case, there are boundaries within which that case must be pursued and tried – and those boundaries are marked by the President of the United States.

State Prosecutors

State prosecutors pursue matters in state criminal courts under the direction of the local District Attorney. Usually, these are county officials who have been elected for a specific term. They may have been prosecutors for many years, some may have served time on a criminal bench as judge before running for election.
Continue Reading California’s Dennis Cyrus Trial and the Role of the Prosecutor in a Death Penalty Case