This witness is talking about the murder rate in prison being very low. IMO, they are taking this line of questioning because one of the questions the jurors have to answer when determining whether the DP is a just sentence is “is the guilty party likely to reoffend?” We know TH is going to prison, so according to this he is statistically NOT likely to commit murder. Clever.
“Sentencing and Special Issues in a Capital Murder Case
As mentioned earlier, to issue a sentence of the death penalty in a capital murder case there are special issues that must be reviewed by the jury. When a jury returns a guilty verdict, the judge then gives them instructions to answer two special issues which will be used to determine the penalties of the case.
- Special Issue Number 1 – asks the jury to decide whether there is a probability that the defendant would commit criminal acts of violence that would constitute a continuing threat to society.
- Special Issue Number 2 – asks the jury to decide if the defendant actually caused the death of the deceased or did not actually cause the death of the deceased but intended to kill the deceased or anticipated that another human life would be taken.
Answering yes, to either one or both of the special issues, must be done without reasonable doubt and with at least 10 of the jurors in agreement.
In the case that the jury answers yes to both Special Issues, jurors will then be asked to review
Special Issue Number 3. This Special Issue asks the jury to take into consideration all the evidence, the defendant’s character, background and moral culpability in determining if there are significant mitigating circumstances to issue a sentence of life imprisonment without parole, rather than the death penalty.
For the court to issue capital punishment in a capital murder case, the jury must answer yes to both Special Issue Number 1 and Special Issue Number 2, while answering no to Special Issue Number 3.”
Call Dallas Capital Murder Defense Lawyers at Broden & Mickelsen, LLP
www.brodenmickelsen.com