In an interesting decision by the Kansas Supreme Court. The Court found that the state's law regarding the death penalty to be unconstitutional. Although I am pro-death penalty, I see the logic in the justices opinion - juries should not be required to give greater weight to death over life in prison. All cases in which the death penalty is applicable the final say should lay with the jury after consideration of the individual facts of the case. However, this decision has had a sad consequence: Did the Kansas Supreme Court make the right decision here? Comments. B.