Opinion

Commonwealth v. Beasley

  • 524 Pa. 34
  • 568 A.2d 1235
  • 10 A.L.R. 5th 1090
  • 1990 Pa. LEXIS 51
Court
Supreme Court of Pennsylvania
Filed
Jan 26, 1990
Status
Published
Author
Zappala
On the bench
Larsen, Flaherty, McDermott, Zappala, Papadakos, Nix
Cited by
9 cases
Authority
More cited than 9.0%

holding the prosecution’s remarks "did not lessen the jury's sense of responsibility as the ultimate arbiter of the sentence to be imposed”

How later courts described this case

  • holding the prosecution’s remarks "did not lessen the jury's sense of responsibility as the ultimate arbiter of the sentence to be imposed”

Written by the judges who cited it.

The opinion

*41 ZAPPALA, Justice,

concurring.

I concur in the judgment.

In Commonwealth v. Abu-Jamal, 521 Pa. 188 , 555 A.2d 846 (1989), we went to some lengths to demonstrate that the prosecutor’s remarks were reasonable response to defense counsel’s arguments. I find no similar circumstance here. In Abu-Jamal we further found that the prosecutor’s argument, as a whole and in context, did not create a risk that the jury would abdicate to the reviewing courts its responsibility to determine sentence. Here, the prosecutor’s argument was tainted throughout, even incorrectly suggesting to the jury that a life sentence carried the possibility of parole. Nevertheless, because the jury ultimately found two aggravating circumstances, which were incontestable matters of fact, and no mitigating circumstances, the sentence of death was required under 42 Pa.C.S. § 9711(c)(iv), and cannot be said to be a product of the prosecutor’s improper remarks. See Commonwealth v. Crawley, 514 Pa. 539, 559-60 , 526 A.2d 334, 344-45 (1987).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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