[MEG33]

It isn't a theory..The burden of proof is all on the prosecution to prove their case. The defense does not have to do anything but make the prosecution prove its case before a jury. The jury must also vote on the death penalty..No judge hands down a death sentence on his own in the US any longer.It is up to the jury to vote to impose..

[fr_freak]

It isn't a theory...No judge hands down a death sentence on his own in the US any longer.It is up to the jury to vote to impose..

Yes, the law says the jury imposes the death penalty. However, the reason I say "in theory" is that, in practice, the judge may order some evidence to be hidden from the jury, or may order them to ignore things they have seen or heard, all based on what the judge thinks is appropriate. So, even though it is the jury that makes the decision, the judge (and the lawyers) have an inordinate amount of influence on what decision the jurors make. Even the smartest person in the world can make the wrong decision if given the wrong or incomplete information. Now, these kinds of courtroom shenanigans usually benefit the defendant, but there have been enough overturned convictions to demonstrate that the prosecution is not free from this kind of thing either.