Question

Jesse James, a 20-year old, was arrested for killing a police officer. As a newly elected prosecutor, you are responsible for prosecuting Mr. James. You announce your decision not to seek the death penalty in this case, but under your state’s law, the offense charged is considered special circumstances, which would qualify as a death penalty case. Your decision does not sit well with the law enforcement community.

Provide an overview of the various courts in the typical state system where Mr. James will appear and why he is appearing there, from arraignment to trial and the various levels of appeal. Be sure to provide specific information as it relates to any constitutional issues that may be raised at each stage in the process.

Answer 1

Seeking The Death Penalty (earlier data, date as indicated): : "

There was No Decrease in Death Penalty Approval Rate" Ari Shapiro, National Public Radio, Dec. 3, 2009 From cases that might be eligible for the death penalty, Attorney General Eric Holder has instructed prosecutors to seek the death penalty at about the same rate as Michael Mukasey, President Bush''s last attorney general. Holder''s cases do not include recent decisions to try Guantanamo detainees in federal courts and seek the death penalty. 22% John Ashcroft 139 of 641 cases 19% Alberto Gonzales 81 out of 423 cases 13% Michael Mukasey 21 out of 159 cases 11% Eric Holder 7 out of 61 cases (source for data for NPR story: Federal Death Penalty Resource Counsel Project, Dec. 2009). Prosecutions Resulting in Death Sentences "Out of 2,545 potentially death penalty-eligible defendants in the past 19 years, the Department of Justice has sought capital punishment against 431 of them. Of that number, just 59 have been sentenced to die." (Pittsburgh Post-Gazette, Oct. 28, 2007). "Since the federal government got back into the death penalty business in 1988, attorneys general have authorized 420 prosecutions, according to statistics kept by the Federal Death Penalty Resource Counsel Project: 180 during the 1990s, an average of 18 per year, and 240 since 2000, an average of 40 per year, mostly attributable to the Bush administration.