Capital case - sustany/dvg GitHub Wiki

Capital cases are cases that, if the defendant is guilty, he or she will face the death penalty. First-degree murder cases, either on grounds of premeditation or cases that based on the felony-murder doctrine are generally capital cases.

Unlike most other criminal cases, which simply go to the State Supreme Court or are resolved with a guilty plea, a capital case is often litigated for ten to fifteen years after the sentence is imposed.� Therefore, it is important that the lawyer know the applicable law and properly preserved the defendant�s right. (Bailey v. State) The American Bar Association (ABA) has published Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases. A lawyer should follow the guideline to represent the defendants in capital cases.� However, a deviation from ABA�s guideline does not mean that the defendant�s constitutional rights are violated.