From Deseret News archives:
New law gives prosecutors more options
They can take longer on death-penalty decision
In Allgier's case, there is no doubt. Salt Lake District Attorney Lohra Miller said she will seek the death penalty.
In another case filed under the revised law, Jason Mike Putnam, 23, of American Fork, was charged June 12 with aggravated murder in connection with the beating death of his 20-month-old son, Jordan. The Utah County prosecutor also declared immediately that this was a capital case.
But under the revised law that took effect April 30, neither prosecutor had to state these were potential death penalty cases until well into the legal process.
The amendment gives prosecutors more time to decide the death penalty part of the equation, which pleases prosecutors. But it has some defense attorneys worried about the quality of legal representation someone charged with such a serious crime would get in the early legal proceedings.
The prosecutor then has 60 days after a criminal arraignment to file a notice with the court declaring a capital case, which carries a possible death penalty.
An arraignment is a routine court appearance that occurs after a preliminary hearing, which is a far more significant event in any criminal proceeding.
At a preliminary hearing, prosecutors provide evidence and witnesses to a judge in an effort to persuade him or her that there is "probable cause" to believe a crime was committed and that the individual charged is responsible.
The threshold for "probable cause" is considerably lower than the tough "beyond a reasonable doubt" standard that juries must consider once a case goes to trial.
In the past, prosecutors typically filed capital cases from the start, although it was always possible to file a murder charge and then amend it to capital later.
Paul Boyden, executive director of the Statewide Association of Prosecutors, said the new procedure provides better legal representation for counties.
"It gives us some breathing room on capital cases to gather all the information before filing notice on a capital case," Boyden said.
Comments
- Pfizer drug study reports fudged 3:25 p.m.
- Netanyahu, Sarkozy meet 3:24 p.m.
- Ark. man convicted of capital murder 3:23 p.m.
- Obama, abortion rights folks to talk? 3:21 p.m.
- Koerber faces 19 new charges 3:05 p.m.
- NFL local watch, week 9 2:09 p.m.
- Cougars practice with urgency 1:59 p.m.
- Man killed in Utah County crash 1:34 p.m.
- Drug company settles Utah suit 1:33 p.m.
- NBA game experience Online 1:31 p.m.
- SLC council OKs gay rights policies
- Utah Jazz have a problem at point
- 'Love story' of crash victim ends
- BYU football recruit turning heads
- 12 Utes return to Texas
- Wyoming writer amazed by BYU
- Cougars' defensive hoops clinic
- Gays get Mormon support in SLC
- Pratt pleads not guilty to sex charges
- Long days for BYU interns
- House passes health care bill
271 - SLC council OKs gay rights policies
191 - TCU showdown has big implications
189 - Senators want food tax restored
157 - Cougars crush hapless Cowboys
155 - Utah Jazz fall apart against Kings
131 - TCU 4th in AP poll; U. 16th, Y. 22nd
119 - No 'backlash' for pioneers, gays analogy
108 - S.L. vote pending on gay protections
107 - Pratt pleads not guilty to sex charges
95
This week, I'm compiling my annual list of restaurants serving...
How about rights for people as human beings. I don't want to know who they...
RE -- To Anonymous the first | 2:30 p.m I have no clue who you're talking...
Jazz stink! Injuries are going to be an excuse AGAIN. I say they are they...
If Wyoming is a weak team, why did Utah have such a difficult time with them...
Republicans have it right. Most scientists are wrong and should listen to...
So many of those who dislike Rush, Hannity, and Beck on this board probably...
That's a good point. . . I don't know if he can hit harder than BYU's...
One thing I should have the right to worry about is if I want to rent to...
Your clarification post, along with your letter that was published, makes me...
Joke? | 2:21 p.m. Nov. 11, 2009 Utah gives a group of people the right to...



You can be the first to comment on this story.