Killing with Prejudice by R. J. Maratea

Author:R. J. Maratea
Language: eng
Format: epub
Tags: LAW000000 Law / General
Publisher: New York University Press

The mechanics of the Act as approved are straightforward. At a pretrial conference, a defendant may allege that the prosecutor is seeking the death penalty on the basis of race. The defendant must present evidence showing that racial considerations played a significant part in the prosecution’s decision to seek death in his case. Such evidence may include statistical evidence or other evidence that a death sentence was sought significantly more frequently either upon persons of one race than upon persons of another race, or as punishment for capital offenses against persons of one race than as punishment for capital offenses against persons of another race. The court will then schedule a hearing on the claim, and declare a time for the submission of evidence by the parties. At the hearing, the defendant bears the burden of proving by clear and convincing evidence that race was the basis of the Commonwealth’s decision to seek the death penalty. The Commonwealth can offer rebuttal evidence. Finally, if the court finds that race was a basis of the decision to seek death, the court must order that a death sentence cannot be sought in that case. (Arnold 2005:103)

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