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Only the jury can impose the death sentence if it's a jury trial.

2007-03-08 14:14:41 · answer #1 · answered by David M 7 · 1 1

The judge instructs the jury on what type of punishment is appropriate for the various crimes they could find... so he'd say if you find that it is 2nd degree murder, the approriate punishment is A years to B years, for voluntary manslaughter, it's a less: C years to D years, and for involuntary manslaughter it's the smallest number of years: E years to F years. The jury has to decide which crime it was, then give a punishment within those specifications suggested by the judge... if it was a particularly bad way to do the crime, they'll assign the higher amount and if it was on the lower side of the crime, they'll assign the lower. But... if it's too far away, the judge can change it. Lets say the jury finds that it qualifies as a voluntary manslaughter which the judge says should be between C and D. If the jury gives A (the higher number of 2nd degree murder) or F (the lower number of involuntary manslaughter), the judge can review and change it if necessary. If the judge finds that the jury was clearly wrong and abused their discretion and ignored the law, then the court can change their decision... but that's a rare thing. So long as the jury decision is reasonably linked to the crime and the law, it will stand.

2007-03-08 15:05:22 · answer #2 · answered by kmnmiamisax 7 · 0 0

think of of a choose like a referee. He (or she) makes particular each and all the performs are honest and that no-one is breaking any rules. He oversees the courtroom situations, however the jury (on your occasion) determines guilt or innocence. (no longer all trials have juries; there are bench trials wherein the choose makes the to blame/no longer to blame determination.) The choose does no longer talk relating to the case with the jury; he in basic terms reads the educational so the jury knows what to do whilst they retire for deliberations. In a offender trial, the choose does the sentencing; the jury in basic terms determines guilt. After a individual is got here upon to blame, the guy is usually remanded to reformatory and returns to courtroom later for a sentencing listening to. each so often people are allowed to talk to assert why they think of the guy could be imprisoned for existence, or be on parole, or despite. however the choose has the main suitable say. (There are situations whilst the dying penalty is at stake, the place the jury determines whether or no longer the guy gets the dying penalty or gets existence in reformatory.) In a civil case, the jury commonly awards financial damages to boot.

2016-11-23 16:29:44 · answer #3 · answered by fulgham 4 · 0 0

The procecutor decides if they will ask for the death penalty. Certain circumstances need to be met.

If the jury convicts- they must decide if the defendant should be put to death. A jury cannot impose the death penalty unless it has been requested of them.

2007-03-08 14:20:07 · answer #4 · answered by iampatsajak 7 · 0 0

The judge determines as a matter of law whether the death penalty can possibly be considered, based on appropriate law.

The jury determines, and must do so unanimously, whether the death penalty is warranted and should be imposed.

2007-03-08 14:39:28 · answer #5 · answered by coragryph 7 · 0 0

in both criminal and civil court, the jury will decide wether the defendant is guilty or acquitted, liable or not liable - based on the case presented beyond a reasonable doubt and balance of probabalities respectively...then the judge will hand down the sentence relevant to the level of the offence or crime committed...in other words, the judge.

2007-03-08 14:30:41 · answer #6 · answered by Anonymous · 0 0

the 12 jurys decide if yopur going to die.Not the judge.

2007-03-08 14:20:24 · answer #7 · answered by IRIS C 2 · 0 0

only the the jury can decide to impose death.

2007-03-08 14:21:54 · answer #8 · answered by Anonymous · 0 0

It is always the Jury

2007-03-08 14:17:42 · answer #9 · answered by Joseph 2 · 0 0

The jurors. In most states, after they have delivered a guilty verdict, they deliberate on whether or not the defendant should receive the death penalty.

2007-03-08 14:15:36 · answer #10 · answered by Dutchcrunch 2 · 0 0

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