How does a judge inform a defendant that he or she is sentenced to death?

Question

What phrasing and/or sentence structure will a judge use to inform a defendant that they are being sentenced to death? What is a typical or standard way of handind down such a sentence? Does the judge look the defendant in the eye while saying this?

Answer 1

Singing telegram, delivered by Kirby Puckett.

Answer 2

During the sentencing phase of the trial.  In the United States a jury has to find that the defendant should be sentenced to death.  Once that occurs the judge then immediately asks the defendant to stand and then pronounces the sentence or they can do this at a formal hearing on another date...

Answer 3

In CA, the Judge tells the defendant of the sentence.  During sentencing on a capital case, the court permits the victim's family to be heard by the court and defendant.  The defendant is permitted to show evidence of mitigation, that they are a good person, etc. but that happens in the penalty phase of the trial.  The court presents an analysis of the factors in aggravation to support the imposition of the death sentence.  The defendant is present during the entire process.  It is very personal.

To see a real death verdict, see the video clip from CNN on the Scott Peterson Case.  http://www.cnn.com/2005/LAW/03/16/peters...

Answer 4

Sometimes the jury foreman will stand up and read the verdict out loud, sometimes the judge will read it from the bench. It just depends on the court.  

Answer 5

First, know that the defendant knows it coming. The sentence isnt as secret as they show on TV.

Most judges have scripts in a book on the bench to make sure what they are saying covers all the legal grounds that need to be covered. I got to watch a DP case  when I was in our Bailiff/marshal unit.

It went like this:

"The defendant will rise. You are hear-by sentenced to the custody of the Warden of San Quentin State Prison, there at a time to be determined by the California State Department of Corrections be put to death in the manor prescribed by law."  

And yes he added "and my God have mercy on your soul."