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buffhooper

Joined: 06/05/2006 Posts: 2761
Likes: 1158


As someone that has tried death penalty cases.....


....as a prosecutor, I am glad Colorado repealed the DP, but more from an economical perspective due to the fact that in this state it was rare that a jury (or judge) decided for death anyway so the entire process became a costly show that never resulted in an execution anyway.
Professionally, it is an entire different animal from any other type of litigation a lawyer may be involved in, and for that reason it is an exhilarating challenge and at the same time, usually the most stressful unpleasant 3 to 4 weeks of your professional life. Defense attorneys that do capital litigation approach it like they are trying to save a life so the ethical restrictions that they adhere to during normal murder trials go by the wayside. Their goal is create error in the record for appellate purposes as well as convince the jury (or judge) that a death sentence is wrong. Seldom was a DP case in Colorado litigated to prove guilt, or disprove guilt, it is more of a presentation to show that despite the persons crime he or she doesn't deserve to die.
The downside of eliminating the death penalty is that prosecutors have no leverage in order to get the worst of the worst to plead guilty to a life sentence. Taking a death sentence off the table was something I did on more than one occasion as a prosecutor in order to get a murderer to plead guilty to a life sentence. That is no longer an option so victim families now have to go through a trial process in those cases where in the past the murderer may have pled guilty.









[Post edited by buffhooper at 07/21/2021 09:09AM]

(In response to this post by WinningLeadership)

Posted: 07/21/2021 at 09:04AM



+7

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Current Thread:
  I'm for it. Like BH said, it is practical for leverage. -- Colo Spgs Buff 07/21/2021 5:34PM
  Will look it up! 🙂 ** -- WinningLeadership 07/21/2021 09:22AM
  As someone that has tried death penalty cases..... -- buffhooper 07/21/2021 09:04AM
  Very insightful. I learned a lot. ** -- WinningLeadership 07/21/2021 09:22AM
  Your last paragraph moves the needle for me a bit -- JeffGerardi 07/21/2021 09:19AM
  Can I weigh in on this? -- JeffGerardi 07/21/2021 07:34AM
  Very well explained and powerful. Impressive work. -- WinningLeadership 07/21/2021 07:43AM
  I am outright opposed. -- cswilliam 07/21/2021 01:30AM
  Dovetail question...is the D.P. intended to be a deterrent? -- WinningLeadership 07/20/2021 9:46PM
  DP is 100% effective as a specific deterrent -- buffhooper 07/21/2021 1:31PM
  I was like, "say what?!" when I saw the subject line -- WinningLeadership 07/21/2021 10:26PM
  True... ** -- Gateway 07/21/2021 3:40PM
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