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- Title
EFFECTUATING COLORADO'S CAPITAL SENTENCING SCHEME IN THE AURORA THEATER SHOOTING TRIAL.
- Authors
SAMOUR JR, JUDGE CARLOS A.
- Abstract
This Article discusses how the court effectuated Colorado's four-step capital sentencing scheme in the sentencing hearing held in the case of the People of the State of Colorado v. James Eagan Holmes in July and August 2015. Although the Colorado Supreme Court has analyzed on multiple occasions the sequential decisions required by this State's death penalty statute, it has never had occasion to address the structure of a sentencing hearing or, more specifically, whether the questions that must be answered should be presented to the jury one at a time in a furcated proceeding that follows a logical sequence or all at once at the end of a continuous proceeding that is uninterrupted by intermediate deliberations. In the Holmes trial, the court found that trifurcating the sentencing hearing was the most prudent course of action under the circumstances involved, especially considering the defendant's insanity plea. The court combined the two middle steps of the capital sentencing scheme into one step, for a total of three steps, and divided the sentencing hearing into three separate phases, one dedicated to each step. The jury was required to deliberate at the end of each phase, and it was only allowed to continue to the next phase if it made certain findings. Of course, this is by no means the only method of applying the State's capital sentencing scheme--as the old adage goes, "there is more than one way to skin a cat." However, I remain convinced that it was the most appropriate approach in the Holmes case, as it significantly minimized the risk of confusing the jury, guided counsel in the presentation of evidence and arguments, and allowed the court to maintain optimal control over the proceedings.
- Subjects
UNITED States; COLORADO; HOLMES, James Eagan, 1987-; CAPITAL punishment sentencing lawsuits; AURORA Shootings, Aurora, Colo., 2012; STATE statutes (United States); CAPITAL punishment; LEGAL precedent; COLORADO. Supreme Court; ACTIONS &; defenses (Law); STATE laws
- Publication
Denver Law Review, 2016, Vol 93, Issue 3, p577
- ISSN
2469-6463
- Publication type
Article