Indeed, it starts with the judge deciding (without trial or jury) whether capital charges can be brought. Then a capital jury is chosen. In practical terms, it

Indeed, it starts with the judge deciding (without trial or jury) whether capital charges can be brought. Then a capital jury is chosen. In practical terms, it also requires an incompetent lawyer. Ruth Bader Ginsberg said "No well defended person receives the death penalty." I read that in an article about the one isolated case where she was wrong. I also suspect that the death penalty corrupts the societies that use it.