Jerry Word

A change in law that makes it easier to sentence felons to life without parole is being welcomed by prosecutors and defense attorneys in North Georgia.

Georgia legislators in April passed a bill that allows district attorneys to seek life without parole in murder cases without having first to ask for the death penalty.

Lookout Mountain Judicial Circuit District Attorney Herbert "Buzz" Franklin said prosecutors struggled for years to get the law changed.

"In years past you could get life without parole if you were a three-time recidivist and committed armed robbery," Mr. Franklin said. "But if you did the same things and committed murder you couldn't get that (sentence)."

Jerry Word, interim director of Georgia Capital Defenders, said the change could reduce caseloads. The Legislature and Georgia Supreme Court created the office as a trial resource center for attorneys handling death penalty cases.

"I believe we've seen cases in the past where the (district attorney) really wanted to get life without parole," Mr. Word said.

District attorneys decide when to seek the death penalty based on what are known as aggravating factors. Those may include whether the murder was especially heinous, cruel or depraved, whether it was done for hire or by someone already in prison.

But there are times when a murder doesn't have any of the aggravating factors and district attorneys would rather seek life without parole.

Until the law change in April, a prosecutor had to either seek the death penalty, with the possibility of life without parole, or try for a life sentence with possible parole.

Mr. Word said prosecutors and defenders now will have to look more closely at mitigating and aggravating factors when death penalty cases are considered.

Sara Totonchi, board chairwoman of Georgians for Alternatives to the Death Penalty, said the new sentencing option will speed up the lengthy process of death penalty cases that drains the emotions, time and finances of those involved.

"With this new law it will make it more possible for there to be closure sooner," she said.