Talk:Capital punishment in South Dakota

South Dakota Mid‑importance

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Jury decides death sentence?[edit]

If this is the case how could both Elijah Page and Briley Piper be given death sentences when both pled guilty and it was up to the judge to hand down the sentences? If the law states that only a jury can hand down a death sentence, then it sounds like the judge clearly broke the law.

When criminal defendants plead guilty, they waive certain rights. (That's what a guilty plea means.) For example, one of the rights that they waive is their right to a trial by jury (or to any trial at all). No trial is needed if they are pleading guilty. By pleading guilty, they acknowledge that they have a right to a trial but that they are affirmatively waiving that right. Therefore, perhaps, another right that they waive through their guilty plea is the right to be sentenced by a jury (and, thus, they agree to sentencing by a judge). That's my best guess. Thanks. Joseph A. Spadaro (talk) 19:28, 31 October 2012 (UTC)[reply]

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