Quote:
Originally Posted by craigepo
If I might interject a point quickly regarding a death penalty prosecution:
A death penalty case is probably the toughest case to prove in the American judicial system. Every single part of the case is subjected to amazingly tight scrutiny. This is done for a good reason: if there is a screw-up and the defendant only goes to jail, the problem is fixable. However, if the defendant is executed, and then we find out that there was other evidence, or the defense attorney was drunk, etc., can't fix the problem.
To prove a capital murder case, the state must prove that defendant planned to kill victim, and did in fact so do. However, the state must also prove at least one "aggravating factor", i.e. the victim was a policeman in the line of duty, murder-for-hire, etc. I attach the statute which lays out Arizona's statutory aggravating factors here. http://law.onecle.com/arizona/criminal-code/13-751.html
The article seemed to infer that the judge made the decision not to proceed with the capital case, which would be highly unusual, as it is generally the prosecutor's decision on how to proceed. However, the attached article shows that the prosecution filed the motion to not seek the death penalty. http://www.realcourage.org/2010/02/a...lmaleki-trial/
I realize that this is not the answer that many would look for in a case such as this, but this is the law. As murder cases are very tough, it would make the case even tougher for the prosecution to try this case as a capital murder case, and to do so if the prosecution knows they do not have sufficient facts would be detrimental. |
This is our own little rundown story here in Fayetteville. Happened back in 2004.
"Shareef found guilty of murder"
http://www.fayobserver.com/Articles/2010/03/17/984126
"......The jury deliberated nearly 14 hours over four days before finding Shareef guilty of first-degree murder and two counts of attempted murder.
He was found not guilty of attempted first-degree murder of Robert Fortier.
In all, Shareef, 31, was convicted of 10 charges stemming from his road rampage in Cumberland and Harnett counties on the morning of April 14, 2004. Those include nine felonies and one misdemeanor.
Doctors have diagnosed Shareef as paranoid schizophrenic; he had pleaded not guilty by reason of insanity.
A sentencing hearing is scheduled to begin at 11 a.m. today.
Lawyers for the prosecution and the defense may present additional evidence for the jury to consider. Both sides are expected to complete any testimony today.
The jury will then determine whether Shareef is sentenced to death or life in prison without parole on the murder charge........"
So Folks, it can be done. The sentence of life or death is yet to come but he was found quilty.