This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

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...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Sign up for Daily Journal emails