That's the title of an article in the November 17 issue of the New Yorker, written by Paige Williams. It's subtitled, "In Alabama, a judge can override a jury that spares a murderer from the death penalty." Here's a brief excerpt from this must-read:
Most states with the death penalty require a unanimous vote of twelve in order to impose capital punishment. Alabama requires ten. In this case, the jury unanimously rejected the state’s request to send Jackson to the electric chair. The jurors were reluctant to condemn a teen-ager to death, especially in a case with such conflicting evidence. “I had concerns about whether Shonelle Jackson was the shooter,” a juror named Jan Burkes later said, in a sworn deposition, adding, “Other jurors also had concerns about whether Mr. Jackson was responsible.”
Judge Gordon thanked the jurors and sent them home.
In Alabama, though, a capital case doesn’t necessarily end there. The state’s judges can exercise an unusual power: they can “override” a jury’s collective judgment and impose the death penalty unilaterally.
Earlier coverage of Alabama's practice of judicial override begins at the link.