Resource Guide for Managing Capital Cases

Volume I: Federal Death Penalty Trials

Federal Judicial Center -- 2004
Go to Federal Manuals Table of Contents - Go to Resource Guide Table of Contents

 

Section III--Trial of Capital Cases: Guilt Phase


        Section III-C  Trial Schedule

 

        C  Trial Schedule

 


Resource Guide for Managing Capital Cases

Volume I: Federal Death Penalty Trials

Federal Judicial Center -- 2004

Section III     Trial of Capital Cases: Guilt Phase

C    Trial Schedule

A number of judges conducted their capital trials on a less-than-full-time schedule. For example, several judges ran the trial from 9 to 5 four days a week, and held no trial proceedings on the fifth day. Although some judges do this as a matter of course in any long trial, other judges pointed out aspects of a death-penalty case that make taking a day off even more justified. For example, some cited the emotional toll that such cases take on everyone involved, including the attorneys, judge, and jurors. Having a day off, they reasoned, helped to alleviate some of this tension. In addition, as one judge pointed out, the defense attorneys in these cases are frequently sole practitioners and running the trial five days a week puts an extreme burden on their practices.