Juries are arbiters of facts. Judges are arbiters of law.
If it is a question of facts (and the right hasn't been waived), it is exclusively a jury question. On a death penalty case the question to the jury is "do the facts presented warrant death as the punishment?" There is not a question on if the law supports such a penalty. The summary of the law the juries get helps them understand what the bar is, but only the jury decides if the facts are sufficient.
Your example doesn't provide any questions of fact. If death is not a possibility the jury would never be asked if the facts justify an impossible outcome. That is a question of law that is decided by the judge. This case would be a normal (not capital) criminal case. The jury is given a summary of the law for each charge filed and the jury is asked if the facts presented meet the requirements. The judge would then handle sentencing later (because that is a law question).
Flat_Hat8861 t1_isc87wa wrote
Reply to comment by Tipop in Parkland prosecutors ask for an investigation after a juror says she was threatened by ‘a fellow juror’ during deliberations - CNN by SilentR0b
You seem a bit confused on what a jury does.
Juries are arbiters of facts. Judges are arbiters of law.
If it is a question of facts (and the right hasn't been waived), it is exclusively a jury question. On a death penalty case the question to the jury is "do the facts presented warrant death as the punishment?" There is not a question on if the law supports such a penalty. The summary of the law the juries get helps them understand what the bar is, but only the jury decides if the facts are sufficient.
Your example doesn't provide any questions of fact. If death is not a possibility the jury would never be asked if the facts justify an impossible outcome. That is a question of law that is decided by the judge. This case would be a normal (not capital) criminal case. The jury is given a summary of the law for each charge filed and the jury is asked if the facts presented meet the requirements. The judge would then handle sentencing later (because that is a law question).