Article: Can judges alone set death penalty? The Supreme Court considers whether a post-jury decision violates a defendant's rights.(USA)

Byline: Warren Richey Staff writer of The Christian Science Monitor

WASHINGTON -- An Arizona man, Timothy Ring, is convicted by a 12-member jury in the shooting death of an armored-car driver during a robbery.

Under Arizona law, the maximum penalty he faces from the jury verdict is life in prison. But state law also empowers Mr. Ring's trial judge to impose a death sentence in certain circumstances.

At Ring's sentencing hearing, the judge hears incriminating testimony from a co-conspirator - testimony never heard by the jury at trial. The judge decides to sentence Ring to death.

Does the sentencing hearing amount to a second trial ...

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