(The Return of) Ignatz, by Sam Heldman

Saturday, November 23, 2002

The Alabama Supreme Court, according to this news report, believes that the state's death penalty scheme (in which judges are free to override jury recommendations of life sentences, and to impose death) is constitutional even after Ring v. AZ. I haven't seen the opinion yet, but I have a definite opinion that the state's law is in fact unconstitutional under Ring, particularly because there is no provision in the law by which the jury is to make factual findings on the existence (vel non) of aggravating circumstances that would be binding on the judge.

posted by sam 7:02 AM 0 comments


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