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Senate narrows Utah’s unique practice on judge-vs-jury sentencing in capital cases
Summary
House Bill 306 was approved to require both prosecution and defense to agree before a judge — rather than a jury — can decide sentencing in capital cases; sponsors said the measure removes an unusual Utah-unique practice and ensures fairness, opponents raised constitutional concerns.
The Utah Senate on Feb. 26 approved House Bill 306, a measure altering who may decide the penalty phase in capital homicide cases.
Under current Utah practice, defense counsel could waive a jury and have the judge determine sentencing in the penalty phase unilaterally after a guilty verdict. HB 306 would require both…
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