<P> The first outcome is referred as the "true unanimity" rule, while the third has been criticized as the "single - juror veto" rule . </P> <P> In Alabama, the sentence is decided by the jury and at least 10 jurors must concur . A retrial happens if the jury deadlock . </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 . 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 does a jury have to be unanimous