US Supreme Court Says Death Penalty Ruling Not Retroactive

VOA ^ | June 24, 2004

[george wythe]

The U.S. Supreme Court says its 2002 ruling that juries and not judges must impose death sentences does not apply retroactively.

Thursday's 5-4 decision could affect more than 100 death row inmates in four states whose sentences were handed down by judges.

The ruling overturns a federal appeals court decision that reversed the death sentence of an Arizona man convicted of murder more than 20 years ago.

[hopespringseternal]

Just in case anyone is still taking SCOTUS seriously. What a clown act.

[mvpel]

20 years ago? Sounds like this murderer's apt to die before they finally get around to executing him.

[tjwmason]

Forgive a question from a limey. What is the point of judges if they cannot pass sentence?

Why do juries, rather than judges, have to pass death sentences?

If this is a 'right', then surely it was a right before the SCOTUS suddenly 'discovered' it hidden away in the dark recess of the Constitution known as liberal-la-la-land?

[ShandaLear]

Does this mean that death sentences handed down by judges before the 2002 ruling are still in force?

[HungarianGypsy]

Pity this doesn't apply to the fellow who took it the Supreme Court. His jury sentencing is next January. I was even more mad when this even effected those who admitted to being guilty and got the death sentence. Those type of people even got another chance. No words I can use on here can describe my true feelings on this.

[ernie pantuso]

In some states, jurors decide whether to impose the death sentence. In other states, judges decide whether to impose the death sentence. A state that has a death penalty determines whether the sentencer shall be the judge or thejurors.

The United States Supreme Court NEVER RULED that jurors must decide sentences in death penalty cases. The media, and most folks on this board, have incorrectly read and interpreted the Ring decision as so ordering. All the Ring decison said is that elements of 1st degree murder that make a person death eligible(such as multiple killings, age of victim, pecuniary gain, especially cruel/heinous/depraved, etc) must be proven to jurors beyond a reasonable doubt. Once that has been done, then a judge could determine whether to impose the death penalty. After the Ring decision, some former judge-sentencing states such as Arizona changed their laws so that jurors now decide the sentence for death penalty cases.

[tjwmason]

Thank you very much for that clarification. When one is hearing media reporting of media reports of complex judicial reasoning such finer points (however important) do tend to get missed.