| Declaration, death is never required instruction (McNally 2016) |
Provides a list of the cases in which the judge instructed the jury that death is never required. The list separates the cases by the sentence that was received.
| Declaration, Application of Beyond a Reasonable Doubt Standard to Weighing Process (McNally 2012) |
Provides information about the use of the "beyond a reasonable doubt" standard as applied to the weighing of aggravating and mitigating circumstances in federal capital trials.
| Declaration re Residual Doubt (McNally 2014) |
DECLARATION OF KEVIN McNALLY REGARDING FEDERAL JURIES WHICH HAVE CONSIDERED OR FOUND THE EXISTENCE OF LINGERING OR RESIDUAL DOUBT AS A MITIGATING CIRCUMSTANCE 1. I currently serve as the Director of the Federal Death Penalty Resource Counsel Project, assisting court‐appointed and defender attorneys charged with the def
| Declaration re Non-Unanimity Instruction (McNally 2015) |
Provides information about the general practice of district courts to present the jury with three penalty phase options: (1) a unanimous vote for death; (2) a unanimous vote for life, or; (3) a non-unanimous decision that will result in a sentence other than death, usually life without the possibility of release. In some case judges have limited the jury to a single choice - unanimous agreement on death or not.