11. As one countermeasure, New York legislators apparently plan, in capital cases, to permit lawyers to question potential jurors in private about their racial attitudes. 12. At issue is a section of the statute that specifically prohibits the death penalty when a defendant in a capital case reaches a plea agreement with prosecutors. 13. At issue was a portion of the statute that specifically prohibited the death penalty whenever the defendant in a capital case reached a plea agreement. 14. Bath, one of a handful of defense attorneys in Kansas who meets the qualifications to try a capital case, said the Kansas law is unlike any other. 15. Because all jurors in capital cases must be willing to impose a death sentence, there are no ardent opponents of the death penalty on the jury. 16. Before taking on another capital case, he said, the firm would consider a number of factors, including its impact on other pro bono work. 17. Black men are disproportionately represented on death row, while almost all capital cases involve white victims. 18. -- The three sides also seemed to be in agreement that the state should assist small counties that might have trouble paying for long capital cases. 19. A major factor, Liebman and other lawyers, judges and prosecutors said, is that in capital cases there is no plea bargaining. 20. A look at how that squares with the way he has handled this and other capital cases at home. |