Actually I agree w/ this ruling. A judge should not be the seperate arbiter of life and death, unless the defendant has waived trial by jury, and had a bench trial. The Constitution gives the right to trial by jury. I see no reason that the death penalty portion of the trial should be difft.
So Ginsburg wrote the opinion. Even a blind squirrel finds a nut once in a while
Actually I agree w/ this ruling. A judge should not be the seperate arbiter of life and death, unless the defendant has waived trial by jury, and had a bench trial. The Constitution gives the right to trial by jury. I see no reason that the death penalty portion of the trial should be difft.I think it's a state issue, isn't it? I don't think this ruling has much impact in federal cases, since I'm not sure that they allow bench sentencing.