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sweetpeapickle t1_isbu2cc wrote

Well it's not as simple as that. Main part would be the where. In some states, the judge can overrule. Not to mention, the defendent's lawyer might have a say with 12 women, & I'm sure at some point in the questioning of potential jurors, that might come up. Then there is the appeal.

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Tipop t1_isbuq3o wrote

We’re not arguing about whether it would survive appeal or if the judge could set aside the verdict. That’s not the question here. The question is “If it’s okay for jurors to ignore the law and DENY the death penalty when the law says it should be applied, then is it ok for jurors to APPLY the death penalty when the law says it shouldn’t?”

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NemosGhost t1_iscu1f8 wrote

The point is that the juror can protect the accused from the state. It doesn't work the other way around. The idea is bogus.

Also the judge can absolutely throw out a verdict of guilty or lesson a sentence. The judge however cannot overrule a verdict of not guilty or a decision not to impose the death penalty.

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