In describing his own experience in prosecuting capital cases, the author notes that the first step in assessing whether a case should be tried as a capital case is to review all the facts (regardless of technical admissibility) and decide whether there is any possible doubt that the defendant is guilty of the crime. This standard should be applied not only in capital cases but all cases; however, this is critically important in capital cases. The next issue to be considered is whether the circumstances of the crime and the defendant's record "cry out" for the death penalty. Prosecutors must be particularly careful to apply the same criteria for designating capital cases to all cases, regardless of the race of the defendant. This chapter also discusses the individual voir dire and the punishment phase of capital trials. The author notes that he took no delight in winning death penalty cases, but has decided in his own mind that it is a necessary part of administering justice for the public good. He advises that reform should continue to focus on verifying that the right person has been convicted of the crime at issue and ensuring that potential defendants know that if they commit the crime they will be appropriately punished after the legal system determines that the conviction and sentence are just. 2 notes