A death qualified jury is a jury in a criminal law case in the united states in which the death penalty is a prospective sentencesuch a jury will be composed of jurors who are not categorically opposed to the imposition of capital punishment are not of the belief that the death penalty must be imposed in all instances of capital murder that is they would consider life imprisonment as a . In hurst the high court found that floridas law failed to give juries enough influence in deciding whether to sentence a defendant to death the jury had voted 7 to 5 for the death penalty the judge then reviewed the facts of the case separately and concurred but the high court rejected that approach. Since the jury during rings trial never heard the evidence used to determine a death sentence the united states supreme court found that the judge imposed a stiffer penalty the death penalty based on evidence the jury never heard and therefore sentenced him beyond what the jury could consider. Why finding a jury for death penalty cases is complicated jury selection continues in the trials of the boston marathon bombing and the aurora colorado theater shooting the prosecutors in both . With judges overriding death penalty cases alabama is an outlier a jury gave courtney lockhart life in prison in 2010 but a judge sentenced him to death instead lockhart has appealed to the
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