Quote:
Originally Posted by washoe
there are, sort of automatic penalties but whatever.
ok
In all US jurisdictions I am aware of, a death sentence has to be given by a jury, in most jurisdictions unanimously, in some by a majority. So, there is no such thing as an automatic death sentence, even in a death penalty case - the jury can still come back with a life sentence.
Also, it is always at the discretion of the prosecutor whether to make a case a death penalty case. There is no scenario under which the prosecutor is mandated to try for the death penalty.
You are right that there are a lot of jurisdictions where life without parole is mandated for first degree murder for adults, and the sentence is automatic upon conviction.