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hello there help me out In United States v. Jackson, supra, the defendants were indicted under 1201 (a). The District Court dismissed the 1201 (a)

hello there help me out

InUnited Statesv.Jackson, supra,the defendants were indicted under 1201 (a). The District Court dismissed the 1201 (a) count of the indictment, holding

746

*746the statute unconstitutional because it permitted imposition of the death sentence only upon a jury's recommendation and thereby made the risk of death the price of a jury trial. This Court held the statute valid, except for the death penalty provision; with respect to the latter, the Court agreed with the trial court "that the death penalty provision . . . imposes an impermissible burden upon the exercise of a constitutional right . . . ."390 U. S., at 572. The problem was to determine "whether the Constitution permits the establishment of such a death penalty, applicable only to those defendants who assert the right to contest their guilt before a jury."390 U. S., at 581. The inevitable effect of the provision was said to be to discourage assertion of the Fifth Amendment right not to plead guilty and to deter exercise of the Sixth Amendment right to demand a jury trial. Because the legitimate goal of limiting the death penalty to cases in which a jury recommends it could be achieved without penalizing those defendants who plead not guilty and elect a jury trial, the death penalty provision "needlessly penalize[d] the assertion of a constitutional right,"390 U. S., at 583,and was therefore unconstitutional.

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