Capital punishment is legal in the U.S. state of Montana. As of May 1, 2001, a jury must unanimously decide a defendant's eligibility for the death penalty by finding the defendant guilty based upon aggravating factors beyond a resonable doubt. After the decision by the jury of the defendant's eligibility for the death penalty, the judge then sentences the defendant, and may serve the death penalty.
References
Capital punishment in Montana Wikipedia(Text) CC BY-SA