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Criminal Law

: Arbitrary and Capricious

ID: keeping DP defendants on pins and needles

By Skelly

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Prosecutors not seeking the death penalty in borderline cases rather than risking having to withdraw a request later? Even Republican legislators are questioning why that would be a bad thing. From the Idaho Statesman:Idaho prosecutors want to extend death penalty decision deadlineIdaho prosecutors want lawmakers to give them an extra 60 days to decide whether to seek the death penalty in capital cases, a move opposed by one of the state's top public defenders.During the hearing, lawmakers questioned... whether an extension was necessary. "Why 90? Why not 60?" asked Senate Majority Leader Bart Davis, R-Idaho Falls. "What does 60 days get you that 30 days doesn't? Or what does 90 days get you that 60 days doesn't?"Sen. Brent Hill, R-Rexburg, said he wasn't sure the extra time was needed since prosecutors appear to have the upper hand anyway, even with only 30 days...continue to full post

Full post as published by Arbitrary and Capricious on February 18, 2008 (boomark / email).

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