Alabama Judges Retain the Right to Override Juries in Capital Sentencing

[TrackerSam]

I believed you the first time, Sam. In fact, the Constitution doesn't specify what portions of the trial must be decided by the jury, but as you and Karmady point out, obviously our tradition reserves the power of sentencing to the judge in most cases.

My feeling is that once you submit a matter to a jury, the jury's ruling should prevail except in cases of extreme jury error.

This may be the only time I say something nice about Arizona, but AZ does this right: if you can't get a jury to vote unanimously for death, then the sentence reverts to LWOP.

Full disclosure: in fact, I oppose the d.p. in all cases.

In sentencing, I believe the jury only reccomends. I don't a believe a judge anywhere, at anytime, took sentencing orders from any jury. If everything were done by jury we wouldn't need a judge.

 

[TrackerSam]

My feeling is that once you submit a matter to a jury, the jury's ruling should prevail except in cases of extreme jury error.

Full disclosure: in fact, I oppose the d.p. in all cases.

My daughter's a court reporter. The judge can overturn a guilty verdict but not a (not guilty) verdict. Many facts in a case are suppressed and the jury never gets to hear them. The judge, the lawyers and the court reporter are so much more aware of all the facts than is the jury. Again I think you're confusing verdict with sentencing.