Normally, when a jury imposes (or advises) death, it’s the same jury that convicts the defendant of the crime.
So how will it work, when all of the recently vacated death sentences are reviewed? Will they impanel petit juries to review these cases and render a sentence? I never heard of a jury being called ONLY to decide on a penalty.
Are you referring to a Supreme Court case that voided death sentences? There were two. The first voided some that were imposed by a judge as opposed to a jury, so I’m assuming you’re not talking about that. The second only voided a couple dozen death penalties on the grounds of possible mental retardation of the inmate (Renhquist labored his hiney off to make sure it was as un-retroactive as possible).
Or do you mean the most recent District Court decision? That one doesn’t void any death sentences: “U.S. District Judge Jed Rakoff’s ruling — certain to be appealed — is limited to one federal trial that remains ‘firmly scheduled’ to begin Sept. 3 in his own courtroom.” It might provoke a Supreme Court review eventually, but it’s too early to speculate on that.
I think he is talking about those sentences imposed originally by a judge.
I don’t know what will happen next.
–Cliffy