- Aug 18, 2003
- Reaction score
Good catch Sundog. That maybe the judge can't decide this but why would their attorney file this Motion if the judge can't decide? This makes no sense. It is their attorney who files the Motions for them, he would know if the judge could decide or not under the law.
I do know that judges in Idaho are allowed to dismiss DP charges despite the prosecutor bringing the DP charges. The judge can overrule the prosecutor on this.
The defense always files Motions to have the DP dismissed and the judge can grant the Motion as happened in the Vallow trial.
I don't see why the judge couldn't legally rule on a Motion to charge the defendant with the DP. If he can dismiss the DP why couldn't he bring the DP? Judges have the power to overrule prosecutors.
I can't find anything on your specific question.
It doesn't work both ways. Only four or five states allowed judicial overrides in favor of the d.p. and state Supreme Courts and/or SCOTUS have ruled that capital punishment MUST be a decision made by a jury.
Basically, in the USA you don't get executed unless a jury orders it. And in most or all states, a jury can't order it if the prosecution doesn't ask for it.