disparities, despite the intent of the guidelines to curtail disparities. Determinate sentencing has also failed to reduce racial disparity in sentencing. Also, some juries have been acquitting guilty defendants to save them from what they regard as overly harsh mandatory minimum sentences, such as those imposed by the Rockefeller Drug Laws and California's three-strikes law. There have been movements to abolish sentencing commissions and guideline systems and inform jurors of their right to nullify. Decisions like Apprendi v. New Jersey (requiring a jury, rather than a judge, to find any facts that would increase a defendant's maximum sentence) and Ring v. Arizona (requiring a jury, rather than a judge, to find whether there are aggravating factors justifying capital punishment) have also signaled a willingness by the judiciary to expand the role of the jury in the legal process. Jury sentencing has been seen as a way to in many cases render moot the questions raised by Apprendi and related cases such as Blakely v. Washington and United States v. Booker about the differences between elements of an offense and sentencing factors by letting the jury decide all the facts. Cases such as Miller v. Alabama and Graham v. Florida (banning mandatory life imprisonment without parole, and life imprisonment without parole in non-homicide cases, respectively, for juveniles, as contrary to the Eighth Amendment to the United States Constitution's prohibition of cruel and unusual punishment) also raise a question of whether the Supreme Court logically should allow only a jury, rather than a judge, to determine a juvenile should receive such a sentence, given the parallels between adult capital punishment case law and juvenile life imprisonment with parole case law. Plea bargains, judicial override, and juror access to information In Virginia, under the 1796 act, capital punishment remained mandatory for first-degree murder, but the penalty for second-degree murder was any term between five and eighteen years in the penitentiary. The 1796 act gave the court in murder cases the authority to "determine the degree of the crime, and to give sentence accordingly" when a defendant was "convicted by confession." The judge's discretion to set sentences in cases of confession did not exist in Kentucky. In Missouri, informing juries of sentences of defendants in similar cases or the sentences of co-participants in the crime on trial is strictly prohibited under the rules of evidence." Similarly, the Kentucky truth in sentencing statute, which generally