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In the modern era (post-Gregg, 1976), capital prosecutions occur: A. Automatically when a person is charged with a capital eligible crime. B. At the discretion of the district attorney, for any homicide that they choose. C. At the discretion of the district attorney, when a capital eligible homicide has occurred and the DA informs the court that they intend to seek death. D. At the discretion of the judge, if the judge thinks the crime deserves the ultimate punishment
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