LogFAQs > #926038418

It shouldn't even be up to a jury to choose the level of punishment. Just convict on the charges or not, and then the judge determines the punishment based on the charges the accused is convicted of.

But no, having one staunchly anti-capital punishment person on a 12 person jury who refuses to ever agree to the death penalty in any circumstance shouldn't be enough to save a mass murderer from death row.
Makes a joke of even having capital punishment. People who commit less heinous murders get executed, and ones who commit some of the worst atrocities in history can potentially skate free of it, all based on the random whims of who ends up on their juries.