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Guide Prosecutors’ Decisions to Seek the Death Penalty

Statewide written protocols should be developed to guide county prosecutors in making death penalty determinations. The guidelines should include the requirement that each county prosecutor establish within his or her office a committee to review homicide cases where the death penalty may be sought in order to assist the prosecutor in making the decision. Prior to trial, the governor should appoint a state-wide committee to review death eligibility decisions made by prosecutors. When the committee decides that death is not the appropriate sentence in the case, the prosecutor should not be authorized to overrule and to seek the death penalty. Committee authorization of the death penalty should become mandatory and required by statute.

Improve Disclosure Requirements

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The prosecutor should be required to file a certificate with the court at least 14 days before the date set for the trial guaranteeing that all material that is required to be disclosed to the defense has been disclosed. Following conviction, the prosecutor should have a continuing obligation to make timely disclosure to the defendant’s counsel, or the defendant if not represented by counsel, of the existence of evidence known to the prosecutor that tends to negate the guilt of the defendant or mitigate the defendant’s capital sentence.

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