Entries tagged with “Ian McCarthy”
Issues
Sep 13, 2023
When Jurors Do Not Agree, Should a Death Sentence Be Imposed?
In most states, a death sentence may only be imposed by a jury in unanimous agreement. But in two recent cases, defendants faced the possibility of a death sentence despite the objections of jurors. Under Missouri law, a judge may impose a death sentence when the jury deadlocks in the penalty phase. Ian McCarthy, whose jury deadlocked on sentencing in June, recently challenged this provision as unconstitutional, arguing that “unanimous jury agreement is necessary to ensure that death sentences…