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  1. Penalty Phase is a 1986 American made-for-television thriller drama film directed by Tony Richardson and starring Peter Strauss. Plot Supreme court judge, Kenneth ...

    • Drama Thriller
  2. Penalty Phase Law and Legal Definition. Penalty phase refers to a part of a trial during which the fact finder determines the punishment that is to be given to the defendant who has been found guilty. It can also refer to the part where the jury votes on what penalty or damages to impose. This is also referred to as sentencing phase.

  3. Penalty Phase Trial Aggravating Circumstances Facts that make a crime worse or more serious by such circumstances as the facts of the crime, the defendant’s prior criminal record, etc. Some aggravating circumstances are very specific, e.g., the murder of more than one victim.

  4. During the guilt phase, a jury decides the defendant’s guilt or innocence. If the defendant is found guilty, the trial moves to a penalty phase in which the jury receives additional information and decides whether or not the defendant should be executed. CAPITAL MURDER “Capital murder” means murder for which death penalty may be imposed.

    • Pre-Trial. Introduction. Crimes that would be eligible for the death penalty almost always involve brutal murders which shock the community. There is often considerable pressure on the police to make an arrest, and on the prosecution to get a conviction.
    • Guilt phase trial. Jury Selection (“voir dire”) A preliminary examination of prospective jurors by a judge or lawyer to decide if the prospects are qualified and suitable to serve on a jury.
    • Penalty Phase Trial. Aggravating circumstances. Facts that make a crime worse or more serious by such circumstances as the facts of the crime, the defendant’s prior criminal record, etc.
    • Direct Appeal. Introduction: The Appeal Process. Once a person is found guilty, the presumption of innocence is removed. The defendant now has the burden of showing that a critical mistake was made in the process that convicted him.
  5. The Penalty Phase: Directed by Tony Richardson. With Peter Strauss, Jonelle Allen, Karen Austin, Jane Badler. Things looked pretty simple: the confessed murderer had all the evidence against him. The Prosecutor Jansen could not have been more relentless, conservative and incisive.

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  7. Gathers, 490 U. S. 805 (1989), that the Eighth Amendment bars the admission of victim impact evidence during the penalty phase of a capital trial. Petitioner, Pervis Tyrone Payne, was convicted by a jury on two counts of first-degree murder and one count of assault with intent to commit murder in the first degree.

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