Professor Amar Comments on Two-Part Death Penalty Trial Format

In a recent article for Recordnet, titled "Serial Killer's Penalty Phase Likely to Carry Emotional Toll," Professor Vikram D. Amar discussed the bifurcated death penalty trial of William Jennings Choyce, a convicted serial killer. Amar noted that the first part of the trial—the guilt phase—enables the jury to determine if the defendant committed the specific crime for which he is charged. Jurors are to disregard emotional testimony, focusing solely on the facts of the present case. According to Amar, separating the deliberation on guilt from that on punishment is necessary to deter juries from convicting a defendant based on something other than hard facts of the case at hand.

Amar, a professor at UC Davis School of Law, is a national authority in the fields of constitutional law, civil procedure, criminal procedure, and remedies.

Recordnet article, August 25, 2008.