The stakes are high for Dylann Roof, who will act as his own lawyer in sentencing phase of his murder trial
"...The stakes are high: If the jury imposes the death penalty, Roof will be the first person in American history sentenced to death in a federal hate-crimes trial. Yet the decision would have to be unanimous. Just one holdout on the jury of 10 women and two men could spare Roof from lethal injection.
Although federal attorneys will begin to call a procession of more than 30 witnesses on Wednesday in an attempt to convince the jury that Roof should be sentenced to death, Roof plans on calling no witnesses and presenting no evidence.
Such an imbalance between the prosecution and defense in a death penalty case with the possibility that crucial sentencing information about the defendants mental health could be withheld from the jury raises thorny legal questions. If the jury sentences Roof to death, the dispute about his mental health is likely to lead to years of appeals, legal experts say.
I expect it to be a charade of a capital sentencing, said Christopher Adams, a Charleston defense attorney who specializes in federal defense cases. Here you have a guy who clearly is mentally ill, and he is not going to present any mental health evidence. So the jurors are going to be asked to make the toughest decision imaginable under law without any real information.
It really is a fraud upon the court, a fraud upon the public and a fraud upon the jurors to have a capital sentencing where only one party is presenting a case, he added...
The Supreme Court has never addressed the issue of what happens when the government is not asking for a defendant to live with the consequences, but rather to die with the consequences, Adams said. The adversarial system just does not work unless there are two sides who are fighting it out.
Early on, Roofs attorneys filed paperwork stating they planned to introduce expert evidence that would demonstrate mental disease or defect or any other mental condition bearing on the issue of punishment...."
http://www.latimes.com/nation/nationnow/la-na-dylann-roof-sentencing-20170102-story.html
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