4 ms·

> ... the sentence of death shall not be imposed unless the jury or, if there is no jury, the court, further finds ... Why even pretend it's a gov't for the pe

• wtallis 13y ago
  Defendants can waive the right to trial by jury and instead be subjected to a bench trial. Laws like this need to account for the possibility that the finder of fact may be the judge instead of a jury.
• betterunix 13y ago
  You have the right to waive your right to a jury, as it turns out. There might be good reasons for this; maybe you do not believe it is possible for an unbiased jury to be assembled for your case (because it is all over the media and most people already think you are guilty). Maybe your defense hinges on highly technical details that an average juror cannot be expected to understand, but that a well-educated judge can. As it so happens, juries are not required for a government to be legitimate, to respect the rights of its citizens, or for trials to be democratic. Quite a few legal systems in the present day and historically have a panel of judges decide criminal cases. Neither system is perfect.
  • mpyne 13y ago
    Great point. In fact, Pfc. Manning has done exactly this IIRC: He is asking for bench trial so that the judge alone decides his fate.