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State High Court Throws Out Death Penalty Law

THE NATION | IN BRIEF / The Nation / KANSAS

December 18, 2004|From Times Wire Reports

The state Supreme Court threw out a 1994 death penalty law, ruling in Topeka that it was unfair because it gave prosecutors an advantage when jurors were asked to balance aggravating and mitigating circumstances at sentencing.

The court's 4-3 decision threw out the sentences of all six inmates on death row. Those men now face life in prison.


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According to the law, if jurors believe the arguments for and against putting a defendant to death are equal, the prosecution is deemed to have won the argument, and the defendant is sentenced to death.

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