Office of the Attorney General
State of Arizona
Capital Case Commission
Interim Report
|
The
Commission acknowledges the many dedicated staff |
Janet Napolitano
Attorney General
Table of Contents
| Click here to view the Summary of Death Sentence Process: Data Set I Research Report to Arizona Capital Case Commission 17MB |
| Executive Summary |
i
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| I. Introduction to the Attorney General's Capital Case Commission |
1
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| The Commission Membership |
1
|
| The Objective |
2
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| The Structure and Research |
2
|
| The Subcommittees |
2
|
| The Interim Report |
4
|
| II. Capital Punishment in Arizona |
5
|
| History |
5
|
| The Capital Case |
7
|
| Trial Process |
7
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| 1. Guilt Phase |
7
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| 2. Sentencing Phase |
8
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| 3. Trial Court's Decision to Impose the Death Penalty |
8
|
| Appeals Process |
10
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| 1. Direct Appeal |
10
|
| 2. Post-Conviction Relief |
11
|
| 3. Federal Habeas Corpus |
11
|
| Execution |
13
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| 1. Competency to be Executed |
13
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| 2. Clemency |
13
|
| III. The Data/Research Subcommittee |
15
|
| Purpose |
15
|
| IV. Commission Deliberations and Recommendations |
16
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| Capital Litigation Resources Legislation |
16
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| Notice of Intent to Seek the Death Penalty Under Ariz. R. Crim. P. 15.1(g) |
17
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| Jury Deliberations |
17
|
| Mental Retardation |
17
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| Aggravating Factors in Arizona Law and Defining Eligibility for Capital Punishment |
18
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| Selection of Capital Cases by Prosecutors and Defense Input |
19
|
| Residual Doubt as a Factor in Sentencing |
19
|
| Competency to be Executed |
19
|
| Minimum Age for Capital Punishment |
20
|
| Competence of Counsel |
20
|
| Aggravation/Mitigation and Sentencing Hearings and Victim Impact Evidence in Capital Cases |
21
|
| The Use of Mitigation Specialists and Standards for Mitigation Specialists |
22
|
| Ariz. R. Crim. P. 15.9 Appointment of Investigators and Expert Witnesses for Indigent Defendants |
23
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| Audio or Video Recording of Interrogations |
23
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| Review of Capital Cases in Which Convictions Were Reversed, or Sentences Remanded or Modified by the Appellate Court |
23
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| Prolonged Time Intervals in Direct Appeal Proceedings |
24
|
| Prolonged Time Intervals in Post-Conviction Relief Proceedings |
25
|
| Proposed Reforms in Ariz. R. Crim. P. 31 and 32 |
25
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| Commission Comments |
26
|
| V. Closing Remarks and Future Considerations |
30
|
| VI. Appendices |
31
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Click here to view the entire Capital Case Commission Interim Report
| Click here to view the Summary of Death Sentence Process: Data Set I Research Report to Arizona Capital Case Commission 17MB |