faefrost
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I believe a jury would still be empaneled for the sentencing phase, but the judge makes the final sentencing decision. The jury just makes a "recommendation."
On the other hand, I doubt HHJP would impose death if a jury recommended LWOP.
Interesting, ty Az. So a judge can impose a death sentence without a jury specifically calling for it? I thought that was why even with a guilty plea there still has to be a sentencing phase before a jury to impose the DP? Or is that a state specific sort of thing?