Unformatted text preview: not end up with the same verdict, some criminals would go to prison, others would get the death penalty. Some states tried to remedy this issue by taking away the jury's discretion and simply refer to a list of crimes that would result in death. The other solution was to give the jury some discretion, but they would have to find an aggravating circumstance within the case and weigh it with the mitigating circumstances to decide the sentence. 4. A few years later after a couple of statutes were put in place, capital punishment was put back in into the legal system because the justices thought that juries still had too much discretion. 5. Capital punishment as a deterrence became irrelevant because people still valued it as a tool for retribution and for people to express their stance on “getting tough” on crime....
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- Spring '10