Whether the Constitution requires that a jury, rather than a judge, weigh the aggravating and mitigating circumstances to determine whether a defendant may be sentenced to death

QUESTION PRESENTED In this capital case, a Missouri jury found the existence of aggravating factors but deadlocked as to whether to impose the death penalty. Under Missouri’s capital sentencing scheme, the entire sentencing decision was taken away from the jury and given to the trial judge, who sentenced petitioner to death. Petitioner argued that this sentencing scheme violates his right under the Sixth and Eighth Amendments to the Constitution of the United States to have a jury make the key findings necessary to sentence him to death. Acknowledging a split, the Missouri Supreme Court affirmed petitioner’s sentence. The question presented is: Whether the Constitution requires that a jury, rather than a judge, weigh the aggravating and mitigating circumstances to determine whether a defendant may be sentenced to death.