Robin L. West and Alan M. Dershowitz (1999), 'The Case of the Speluncean Explorers: Revisited'

Under our procedural rules, and acting within its discretion, the jury convened for this case requested that it be relegated only to the role of fact-finder, leaving this Court to determine the legal concIusions. The jury found the facts as briefly recounted above, and it is now our obligation to determine whether the defendants' conduct constitutes murder. If we decide that it does, then the mandatory punishment under the statute is death, unless commuted to a lesser penalty by the governor of the state.