...juries should only decide guilt or innocence, based on the facts of the case. Asking them to decide between life or death makes no sense, as it is a determination of law. This is why we have judges.
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The judge is just supposed to oversee the trial, to ensure everything is done according to the “laws”. Judges should NOT, IMO, be involved in determining guilt or sentences.
I’ve never understood why some States allow the judge to set the sentence, when it should be the jury’s decision.
What if isn’t a jury trial? Who metes out the sentence then, the bailiff?
“I’ve never understood why some States allow the judge to set the sentence, when it should be the jury’s decision.”
The trouble is that juries have no sense of what a sentence should be. They tend to be prejudicial enough as is, just finding guilt or innocence. “Pretty women do not commit crimes. Convict the ugly person.” Even their rules for finding guilt or innocence are cringe-worthy.
For example, referencing the Bible is forbidden, but coin flips for guilt or innocence are permitted.
One of the most horrific abuses was seen at the trial of a California child murderer. He was obviously guilty based on the evidence, and “flipped off” the jury as they went to deliberations.
After finding him guilty, a juror was quoted as saying, “I was willing to give him the benefit of the doubt, until he flipped us off. Then I knew he was guilty.”
It should have resulted in a mistrial, but didn’t, because that was acceptable for a juror to do.
However, sentencing is so complicated that even judges are not usually given full discretion. Instead, states and the federal government have elaborate “sentencing commissions” to set the parameters for what the judges decide.
This is usually to limit horrible disparity, which exists all over the judicial system, and often causes public outcries. That is one judge giving a child molester probation, and another 30 years to life.
Juries have the right of nullification if they think the law is unfair to a particular defendant. They also often can select among criminal charges as to the most appropriate. But asking them to do something that requires the guided experience of a judge is too much.