Well, to take a step back, doesn't the Government legislate the Law? The judge enforces the letter of the law, as do juries, but they don't create the law. The Government creates the law.
And, in the US right now, the Government (State and Federal) has the power to revoke, or maintain the Death Penalty. I'd say the Government has _everything_ to do with the application of capital punishment, given that it's the final authority on it's existence and use.
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