Criminal
Aug. 17, 2011
Should judges be allowed to overrule jury death penalty decisions?
A legal process that allows a judge to override a jury's recommendation for life in prison threatens to politicize the death penalty. By Laurie L. Levenson and Jared Linder of Loyola Law School
It is hard to believe it is true, especially when life and death are involved, but four states - Alabama, Indiana, Delaware and Florida - still allow a judge to overrule a jury's decision to recommend life in prison rather than execution in a death penalty case. Recently, a judge questioned the constitutionality of this approach in light of the U.S. Supreme Court's decision in Apprendi v. New Jersey, 530 U.S. 466 ...
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