The following excerpt is from Payton v. Woodford, 258 F.3d 905 (9th Cir. 2001):
The determination of whether to impose a death sentence is not an ordinary legal determination which turns on the establishment of hard facts. The statutory factors give the jury broad latitude to consider amorphous human factors, in effect, to weigh the worth of one's life against his culpability. Presumably the imposition of a death sentence is entrusted to a jury because it is a uniquely moral decision . . . . Hendricks v. Calderon, 70 F.3d 1032, 1044 (9th Cir. 1995).
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