Thumper_Man
DDC 684
- Joined
- Jul 30, 2009
- Messages
- 6,615
Yes. The jury decides if the criminal is given life or death. The judge decides the penalty only if the jury does not put the criminal to death. I've known it to be like this for all the states that still have the death penalty. I'll admit, this is the first time I've ever seen the aggravated portion of a trial though. I don't know if some states skip this portion and go straight to deliberations for sentencing.
Did a little more research.
There are actually 5 states the judge decides the sentence:
Montana
Nebraska (3 judge panel decides and must be unanimous for death).
Alabama (Jury makes recommendation).
Delaware (Jury makes recommendation).
Florida (Jury makes recommendation; majority-for-life-recommendation can only be overridden if no reasonable juror would vote for life).
There are 4 additional states with exceptions.
Indiana (Judge decides sentence only if the jury is not unanimous for life or death).
Missouri (Judge decides sentence only if the jury is not unanimous for life or death).
Ohio (3-judge panel decides sentence only if defendant pleads guilty; judge can override a death verdict in exceptional circumstances).
California (Judge can override a death verdict in exceptional circumstances).