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Constitutional Law

Jul. 3, 2002

Ultimate Sanction

Forum Column - By Erwin Chemerinsky In Ring v. Arizona , 2002 DJDAR 7047 (U.S. June 24, 2002), the Supreme Court held that the jury, not the judge, must make the decision to impose the death penalty. The court was correct in protecting the fundamental role for the jury in the criminal justice system. If there is going to be a death penalty, then it should be the jury that makes the fundamental choice as to whether a person should die.

Erwin Chemerinsky

Dean and Jesse H. Choper Distinguished Professor of Law, UC Berkeley School of Law

Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).

        Forum Column
        
        By Erwin Chemerinsky
        
        In Ring v. Arizona, 2002 DJDAR 7047 (U.S. June 24, 2002), the Supreme Court held that the jury, not the judge, must make the decision to impose the death penalty...

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