How can juries participate in death penalty sentencing?

In jurisdictions that retain capital punishment, juries play a critical role in the sentencing process for capital crimes. While juries are generally restricted to determining guilt in criminal cases, they are often tasked with deciding—or providing an opinion on—whether the death penalty should be imposed following a guilty verdict.1

In many instances, this process occurs during a separate, second phase of the trial that takes place after the initial conviction. During this phase, evidence and pleas regarding the death penalty are presented, allowing the jury to determine the appropriate sentence.1

Furthermore, the Supreme Court of the United States has established that juries, rather than judges, must make the factual findings regarding aggravating factors necessary to justify a death sentence. To ensure impartiality, potential jurors in these cases must be "death-qualified," meaning they are screened to ensure they can uphold the law and render a verdict without being automatically disqualified by their personal views on capital punishment.23