Legal Question in Criminal Law in Florida

Admissible evidence in a capital murder penalty phase

Can the State introduce uncharged misconduct to a jury in a sentencing penalty phase that didn't hear the guilt phase of the trial to do two things: (1) provide background as to the evidence of guilt and (2) use the uncharged misconduct to provide aggrevation for purposes of the death penalty recommendation (or) rebutt evidence of the lack of prior misconduct of the defendant?


Asked on 10/05/99, 9:49 am

1 Answer from Attorneys
Samuel J. Rabin, Jr. Samuel J. Rabin, Jr., P. A.

Re: Admissible evidence in a capital murder penalty phase

There are a variety of circumstances where evidence is admissible in a penalty phase of a capital case that are not admissible in the "guilt or innocence" phase. Generally, the evidence in the "guilt or innocence" phase should relate only to the offense for which the accused is on trial, but evidence in the penalty phase may include other crimes if they are properly admissible as aggravating factors.

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Answered on 10/13/99, 11:30 pm


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