Who has the most say in whether or not a defendant faces the death penalty?
a. the judge
b. the jury
c. prosecutor
d. the defendant's lawyer
b?
Not usually.
https://criminal.findlaw.com/criminal-procedure/sentencing-law-faq.html
It says in my text "Only juries impose sentences in capital cases."
OK. By all means, go with your text.
Okay, thank you!
The answer is: b. the jury.
In the United States, the decision to impose the death penalty is typically made by the jury during the penalty phase of a capital trial. However, it is important to note that the specific process varies by jurisdiction, and some states may have different rules and procedures.
To establish who has the most say in whether or not a defendant faces the death penalty, we need to consider how the decision-making process works. Here's a breakdown:
1. Pre-Trial Stage: The prosecutor, who represents the state, usually has the power to decide whether or not to seek the death penalty. The prosecutor reviews the evidence, the nature of the crime, and other factors to determine if they will pursue capital punishment.
2. Trial Stage: During the trial, the jury plays a crucial role in determining the guilt or innocence of the defendant. If the jury finds the defendant guilty of a crime eligible for the death penalty, they move on to the penalty phase.
3. Penalty Phase: In the penalty phase, the jury hears additional evidence and arguments from both the prosecution and the defense regarding whether or not the death penalty should be imposed. The jury then deliberates and decides whether to recommend a death sentence or another punishment, such as life imprisonment without parole. The jury's decision is typically guided by specific legal instructions given by the judge.
4. Sentencing Stage: After the jury reaches a decision in the penalty phase, the judge reviews their recommendation. In some cases, the judge is required to follow the jury's recommendation. However, in other jurisdictions, the judge may have the authority to override the jury's decision and impose a different sentence (although this is relatively rare).
Therefore, while the prosecutor plays a significant role in determining whether to seek the death penalty, ultimately, it is the jury's decision during the penalty phase that carries the most weight in determining if a defendant faces the death penalty.