Let’s say that as a result of evidence showing premeditation your client was found guilty of first-degree murder instead of manslaughter. This happens in state court in a state where the death penalty could apply. Which of the following is true?

Question

You are defending a client accused of committing a hate crime. Apparently, he got into a bar fight and uttered a racial slur during the altercation. The man he punched was in fact an African-American. Sadly, the man your client punched ended up dying from head injuries caused by the punch. Assume that your client is found guilty of manslaughter, and answer the following questions about what happens next.

a. A judge could sentence your client to the death penalty if this activity took place on a Native American reservation in your state.
b. A jury would be deliberating guilt and innocence at the same time as they were debating which punishment to dole out.
c. The death penalty could only be imposed via a bifurcated trial in which the sentencing phase involves consideration of aggravating and mitigating factors.
d. There is no chance of your client getting the death penalty, as it has been banned nationwide since the Supreme Court’s 1972 decision in Furman v. Georgia.

Answer 1

Answer: C