[Teacher317]

It doesn't have to be unanimous for death penalty verdicts?

[Bonaparte]

"It doesn't have to be unanimous for death penalty verdicts?"

Criminal verdicts must be unanimous. Jury recommendation at penalty phase is by majority.

[GatorGirl]

Well, the verdict is actually on the charge--1st degree, manslaughter, felony murder, etc....In a capital case, it does have to be unanimous for it to go to the "penalty phase".

However, the jury recommendation in the "penalty phase" is only by simple majority--7 to 5. The Judge has the discretion to accept or reject the recommendation. Most judges go with the recommendation.