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Capital cases are distinctive because they involve bifurcated trials


The present assault upon the crumbling fortress of capital punish- ment raises considerations not contained in the traditional "cruel and.

What is the distinguishing characteristic of capital punishment?

capital punishment, also called death penalty, execution of an offender sentenced to death after conviction by a court of law of a criminal offense. Capital punishment should be distinguished from extrajudicial executions carried out without due process of law.

Who makes the decisions in the bifurcated process?

Generally, a civil lawsuit can be naturally divided into two major issues for a trier of fact, such as a judge or a jury, to decide: liability and damages. In a bifurcated case, the issues of liability and damages are decided separately. The trier of fact will only decide the issue of liability at the first trial.

What does it mean to say that the United States court system is bifurcated?

Primary tabs. Bifurcate, in the legal sense, is the dividing of a case into two stages for trial. A common division is to determine liability or guilt in the first stage and damages or punishment in the second.

What is an example of a capital case?

Capital cases are cases that, if the defendant is guilty, he or she will face the death penalty. First-degree murder cases, either on grounds of premeditation or cases that based on the felony-murder doctrine are generally capital cases.



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