1 Analyses of this case by attorneys

  1. Capital Defense Weekly, October 27, 2003

    Capital Defense NewsletterOctober 26, 2003

    In addition, of course, the death penalty represents the most extreme form of power exercised by the state over the individual.Furthermore, precisely because of the enormous qualitative difference between death and all other forms of punishment, the nature of the jury's determination to impose it is different from all other determinations that juries make in our state's legal system. On a strictly procedural level, a capital penalty phase proceeding differs from all other sentencing proceedings in that: (1) it is the only such proceeding in which a jury, rather than the court, may in effect impose the sentence; seeStatev.Breton, 235 Conn. 206, 246, 663 A.2d 1026 (1995); (2) it is the only such proceeding in which there must be a full, trial-like, evidentiary hearing; and (3) it is the only such proceeding [*85] in which the state must establish the foundation of its case for sentencing--in the sense of establishing the aggravating factor--by proof beyond a reasonable doubt. Furthermore, as a practical matter, in many capital cases the question of whether the defendant should suffer the death penalty, as opposed to whether he or she in fact committed a capital felony, is the principal and overarching question in the case.