In the Supreme Court case of McClesky v. Kemp (1987), the court ruled that the Sixth Amendment requires that aggravating circumstances must be found by a jury, not a judge.

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The Supreme Court ruling in McClesky v. Kemp (1987) was actually about the constitutionality of the death penalty and whether or not statistical evidence of racial bias could be used to challenge a specific death sentence. The court did not address the Sixth Amendment's requirement for a jury to find aggravating circumstances.

In the Supreme Court Case of McClesky V