<P> The only state which does not require a unanimous jury decision is Alabama . In Alabama, at least 10 jurors must concur . A retrial happens if the jury deadlocks . </P> <P> Nebraska is the only state in which the sentence is decided by a three - judge panel . If one of the judges on the panel opposes death, the defendant is sentenced to life imprisonment . </P> <P> Montana is the only state where the trial judge decides the sentence alone . </P> <P> In all states in which the jury is involved, only death - qualified veniremen can be selected in such a jury, to exclude both people who will always vote for the death sentence and those who are categorically opposed to it . </P>

When is capital punishment used in the united states