Question

During the sentencing phase of a capital case, the jury recommends a sentence of life in prison. The judge, dissatisfied with the recommendation, decides to ignore the recommendation of the jury and sentences the defendant to death. Is it within the judge's power to impose the death penalty?

A) No, jury verdicts are not subject to change by the judge.
B) Yes, the judge can ignore the jury recommendation when the judge believes the jury offered the incorrect recommendation.
C) Yes, the judge can ignore the jury recommendation when the judge believes the jury is acting without regard for the facts presented at trial.
D) No, judges cannot sentence a person to death if the jury, after weighing all the information, sentenced the defendant to life in prison.

Answer 1

Yes, the judge can ignore the jury recommendation when the judge believes the jury is acting without regard for the facts presented at trial. So, the correct answer is option c.

Step-by-step explanation:

Yes, the judge can ignore the jury recommendation when the judge believes the jury is acting without regard for the facts presented at trial.

The judge has the power to determine the sentence in a capital case and is not bound by the recommendation of the jury. The judge may consider the jury's recommendation, but ultimately has the discretion to impose a different sentence, including the death penalty, if they believe it is warranted based on the evidence presented.

In some cases, the judge may overturn a jury's recommendation if they believe it is not supported by the facts or if they determine that the jury made an incorrect recommendation based on the law. So, the correct answer is option c.