SUMMARY
Discusses the historical development of Oregon’s death-penalty statutes, the constitutionality of the statutes, eligibility for the death penalty, charging death-penalty offenses, pretrial matters, jury issues, the trial phase, the penalty phase, automatic review, stays of execution, death warrants, execution, clemency, and postconviction relief. PDF Download - After purchase go to My Content to retrieve your digital file(s).
DESCRIPTION
Chapter 27
THE DEATH PENALTY
Kathleen M. Correll
Matthew C. Nelson
§ 27.1 INTRODUCTION; SCOPE OF CHAPTER
§ 27.2 HISTORICAL DEVELOPMENT OF OREGON’S DEATH PENALTY LAWS
§ 27.2-1 Early History
§ 27.2-2 1978 Initiative
§ 27.2-3 1984 Initiatives
§ 27.2-4 Subsequent Statutory Changes
§ 27.3 CONSTITUTIONALITY OF CURRENT DEATH-PENALTY STATUTES
§ 27.3-1 Generally
§ 27.3-2 Specific Attacks Rejected
§ 27.4 ELIGIBILITY FOR THE DEATH PENALTY—OREGON’S AGGRAVATED-MURDER CATEGORIES
§ 27.4-1 Multiple Murders as an Act of Organized Terrorism
§ 27.4-2 Murder in Custody While Serving a Sentence for Homicide
§ 27.4-3 Premeditated Murder of a Person under 14 Years of Age
§ 27.4-4 Premeditated and Intentional Killing of a Police Officer
§ 27.4-5 Premeditated and Intentional Murder of a Correctional, Parole, or Probation Officer
§ 27.4-6 Premeditation as an Element of Aggravated Murder
§ 27.4-7 Previous Definitions of Aggravated Murder
§ 27.5 CHARGING AGGRAVATED MURDER
§ 27.5-1 Pleading Underlying Offenses
§ 27.5-2 Pleading Penalty-Phase Questions
§ 27.6 CHALLENGING THE PROSECUTOR’S CHARGING AND PLEA DECISIONS
§ 27.6-1 Charging Decisions
§ 27.6-2 Plea Negotiations
§ 27.7 PRETRIAL MATTERS
§ 27.7-1 Bail Hearings
§ 27.7-2 Guilty Pleas
§ 27.7-3 Demurrers
§ 27.7-4 Motions
§ 27.7-5 Qualification of Jurors
§ 27.7-6 Defendant’s Participation in the Trial
§ 27.7-7 Waiver of Jury
§ 27.8 JURY ISSUES
§ 27.8-1 Challenges for Cause
§ 27.8-2 Peremptory Challenges
§ 27.8-3 Alternate Jurors
§ 27.8-4 Scope of Voir Dire
§ 27.9 TRIAL PHASE
§ 27.9-1 Common Evidentiary Issues
§ 27.9-2 Jury Instructions
§ 27.10 PENALTY PHASE
§ 27.10-1 Relevant Issues and Procedures for an Oregon Penalty Phase: The Three Questions
§ 27.10-2 Requirements for Constitutionally Adequate Defense Preparation of Penalty Phase
§ 27.10-3 Applicability of Oregon Evidence Code at Penalty Phase
§ 27.10-4 Admissible Evidence and Legal Issues under Each Question
§ 27.10-5 Inadmissible Penalty-Phase Evidence
§ 27.10-6 Sufficiency of the Evidence
§ 27.10-7 Right of Allocution
§ 27.10-8 Argument
§ 27.10-9 Jury Instructions
§ 27.10-10 Judgment
§ 27.10-11 Security Measures during the Penalty Phase
§ 27.11 AUTOMATIC REVIEW AND REMANDS
§ 27.11-1 Automatic Review
§ 27.11-2 Remand Procedures
§ 27.11-3 Penalty-Phase Retrial
§ 27.12 STAY OF EXECUTION; DEATH WARRANT; EXECUTION
§ 27.12-1 Stay
§ 27.12-2 Death Warrant and Death-Warrant Hearing
§ 27.12-3 Execution
§ 27.13 CLEMENCY
§ 27.14 POSTCONVICTION RELIEF
Appendix 27A Abbreviations