CRIMINAL PROCEDURE Sentencing and Punishment: Permit Judicial Consideration of Certain Evidence and Testimony in Cases Where the Death Penalty May be Imposed

Authors

Katharyne C. JohnsonFollow

Document Type

Peach Sheet

Abstract

The Act amends Georgia law relating to the admissibility of victim impact evidence to include those cases in which life imprisonment or the death penalty may be imposed. The Act provides procedures for the introduction of evidence which demonstrates the emotional impact of the defendant's crime upon the victim, the victim's family, and the community. The evidence may be offered through the testimony of the victim, if living, or by a family member or other witness with personal knowledge of the characteristics of the victim and the emotional impact of the crime on the victim's family. The victim impact testimony shall be offered subject to cross examination and in the presence of the defendant and the jury. The admissibility of such victim impact evidence shall be at the discretion of the court and made in such a manner and degree as not to inflame or prejudice the jury.

Recommended Citation

Katharyne C. Johnson, CRIMINAL PROCEDURE Sentencing and Punishment: Permit Judicial Consideration of Certain Evidence and Testimony in Cases Where the Death Penalty May be Imposed, 10 Ga. St. U. L. Rev. (1993).
Available at: https://readingroom.law.gsu.edu/gsulr/vol10/iss1/12