How Is Death Sentenced?

[The Dude]

In order to convict someone of a crime, a jury must unanimously believe, "without a reasonable doubt," that the accused is guilty.

What I don't know is how does that jury decide on the sentence? Must it be unanimous, a majority, a super-majority, what? Please excuse my ignorance.

[ThaSaltCracka]

whats a super majority?
I assume all the jurors have to be for it.

[MelchyBeau]

In order for a death sentence to be imposed it must be a unamious consent of the jury. Also the judge has the right to overturn the jury's decision if they sentence a person to death. A judge can't overturn a sentence against death.


Melch

[The Dude]

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whats a super majority?

[/ QUOTE ]
A super-majority is usually a 2/3s vote, although it can be different. The term is used simply to note that some number of votes greater than a simple majority is required.

[The Dude]

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In order for a death sentence to be imposed it must be a unamious consent of the jury.

[/ QUOTE ]
I assume, then, that potential jurors would be asked their position on capital punishment during the selection process. Is being staunchly opposed to the death penalty grounds for automatic dismissal, or is it just a reason for the prosecution to dismiss that potential juror?

[elwoodblues]

You have to be at least open to applying the death penalty. Saying that you would never implement the death penalty would be grounds for a cause dismissal.

[Hack]

Good point about the supermajority. In some states, for example, a supermajority is required in both legislative chambers for a tax increase to pass. For example, California requires a supermajority in both legislative houses for a tax increase to pass. This is to make it harder to pass an increase and force legislators to try and cut spending. I'm not sure if the supermajority rule in California is 60%+ or 2/3+, however.