Legal Question in Criminal Law in California
testifying in penalty phase capital murder case
I have been ask to take the stand during the penalty phase of a capital murder case for the defense. Will the jury be present and will the D.A. get to ask me questions or will only the defense ask questons?
4 Answers from Attorneys
Re: testifying in penalty phase capital murder case
I agree with Mr. Stone and Mr. Lentz. It is possible that there was no jury in this case and that it is instead a bench trial. This is possible but unlikely. Assuming that the trial is by jury, the jury will be present. Either way, you will be subject to cross-examination by the prosecutor (and by the attorneys for any co-defendants).
Re: testifying in penalty phase capital murder case
The jury will be present, and the DA will have the opportunity to ask questions. Good luck.
Re: testifying in penalty phase capital murder case
The jury will be present, and the DA will have the opportunity to ask questions. Good luck.
Re: testifying in penalty phase capital murder case
Yes, you will be testifying in front of the jury and the prosecution will have the right to cross examine you.
Very best,
Jacek Lentz
310.273.1361
www.jaceklentz.com
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