Can a District attorney use facts twice, once to prove guilt and then once again to aggravate the sentence?

Question

dual use of facts..like alcohol level?

it was a manslaughter case...the alcohol level was high...so were could i find this information?

Answer 1

I understand the dilemma.

It is kind of like this... 'the facts were used to convict and put me in jail already and now... they want to use some of them to make my punishment worse...'

I get it.

Is it legal? = yes
Is it entirely ethical = I can see where in some cases and depending on that fact was used this might walk the line of integrity. It just depends on the situation.

Say for example, a woman is brutally murdered and raped... of course the facts of brutality should be used in sentencing.

Answer 2

Yes. The two aspects are independent. The facts must be used to prove guilt. That's the nature of the system.

And the way most sentencing guidelines and sentencing systems are written, it is legally required to based the sentence on the facts.

Answer 3

Sounds like the alcohol level was the aggravating factor in a vehicular manslaughter case.

The answer would be YES and YES.

Answer 4

They can, and do, under Texas law, where we have jury sentencing. All the evidence from the guilt/innocence phase of the trial is also to be considered during the punishment phase.

Answer 5

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Answer 6

Generally yes, but what are the specific circumstances?

Answer 7

Yes they can, and yes they will.

Answer 8

You bet they can and will.