The capital jury and absolution: The intersection of trial strategy, remorse, and the death penalty.

Sundby, S. E. (1998). The capital jury and absolution: The intersection of trial strategy, remorse, and the death penalty. Cornell Law Review, 83, 1557-1598.

Presented interview data on defendant courtroom behavior and penalty-phase strategy. Poor defendant attitude (nonchalance, arrogance, boredom) and denial strategy strongly linked to death sentence. “Denial” strategy successful only when circumstantial evidence and multiple defendants present; “admission” strategy usually led to life sentences.

http://www.lawschool.cornell.edu/research/cornell-law-review/upload/Sundby-2.pdf