Judicial Decisions Have Constantly Held That It Is Unconstitutional for a Judge

Multiple Choice

Judicial decisions have constantly held that it is unconstitutional for a judge to base a sentence on a defendant's race, gender, ethnicity, or nationality but juries have the power to do so in which situation?

A) when compelling circumstances exist
B) when aggravating factors are present
C) never
D) only when a unanimous vote is reached