CAPITAL CRIMES

The ultimate sanction of the Death Penalty is recognized in the United States federal district courts and the district courts of the State of Texas. Criminal trials in Texas are bifurcated affairs in that two trials actually occur. The first trial is held on the issue of whether the citizen accused is guilty of the crime for which he has been blamed. If a jury return a finding of guilt, a second trial is heard by that same jury as to the punishment that should be assessed to the guilty party.

In Capital Murder cases, prosecutors may choose to seek a sentence of life in prison without the possibility that the guilty party can ever receive parole. This type of prosecution is commonly referred to as a “mini-cap.” This is because a finding of guilt automatically subjects the convicted party to life in prison without the possibility of parole and so the second trial is unnecessary since the penalty is automatically applied. However, the prosecution may also decide to ask the jury for that ultimate sanction – death by injection. In such cases, it is not unusual for the selection of proper jurors may take several weeks. Therefore, most lawyers and judges believe that much more work must be performed. We believe, however, that those defendants prosecuted in a “mini-cap” case deserve just as much preparation as those in which the death penalty by injection is sought. This is because the law provides that no matter whether death by injection or life in prison without parole is sought, the convicted person will never leave the penal institution alive. We are consciously aware that, given the violent nature of prisons, there is no guarantee which of these sentences will allow a convicted person to live longer. Therefore, we have a duty to pour our investigative and mitigating prowess and our trial preparation into each and every case.