For a death penalty law to be constitutional it must provide for a bifurcated trial process.

Question

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The United States Supreme Court has held that a bifurcated trial process is required for capital cases in order to ensure that the jury can separately consider the guilt/innocence portion of the trial from the penalty phase, where they determine whether to impose the death penalty. This ensures that the defendant's rights to due process and a fair trial are protected.

For a Death Penalty Law to Be Constitutional It Must