example 2 to 5 yrs min. if found guilty but see probation more fit. Or does the jury even give the sentencing?
2007-09-05 15:23:36 · 7 answers · asked by rick s 2 in Politics & Government ➔ Civic Participation
The Judge is the one who gives the sentence, the Jury just decides on the guilty / not guilty.
2007-09-05 16:32:51 · answer #1 · answered by ♥ ♥Be Happi♥ ♥ 6 · 1⤊ 0⤋
A jury not only tries the case, it also tries the law the case is based on. They aren't usually told this by the judge but its true. They have the power to nullify the trial because they think the law is unjust. If say they haul you into court for shooting a burglar in your home in NYC or Wash. D.C. where they have laws against gun ownership and the jury decides that the law is overstepping the right of government to have such a law they can release the defendant even if he gets on the stand and says he did it.
2007-09-05 15:34:04 · answer #2 · answered by rick b 3 · 0⤊ 1⤋
The jury finds the defendant guilty, guilty of a lesser included offense, or not guilty. The judge sets the punishment, although a jury can be asked to make special findings that will allow or not allow the judge to administer certain punishments.
2007-09-05 15:28:20 · answer #3 · answered by thylawyer 7 · 1⤊ 1⤋
A jury can advise what ever they want. If they advise too high of a sentence and the judge thinks it should be lower the judge can over rule them. It's only an advisement.
2007-09-05 15:26:58 · answer #4 · answered by Eisbär 7 · 0⤊ 0⤋
the judge gives the sentence and he may take into the consideration of the recommendation of the Lawyer.
2007-09-05 15:33:05 · answer #5 · answered by fuzzykitty 6 · 0⤊ 1⤋
they can only recommend a sentence...the judge hands it down the way he/she sees fit.
2007-09-05 15:26:41 · answer #6 · answered by dreamgirl 5 · 0⤊ 0⤋
Depends on the crime.
2007-09-08 09:18:47 · answer #7 · answered by dadw5boys 4 · 0⤊ 0⤋