Did you know, in some places the jury is not allowed to ask what the verdict they reach means in terms of sentencing?

In other words, the jury is not allowed to know what the defendant's punishment may be. XD

A few centuries ago the colonies had a problem because of this. The death penalty was being imposed for so many crimes in some jurisdictions that juries just stopped convicting people, even if they believed the defendant was guilty, because they didn't want the death sentence being given for things like petty theft.

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LyricalOne · F

When I served on a murder trial, we were told before we were chosen that the case wasn’t eligible for the death penalty. Don’t know if I could have served if it was.

SimplyTracie · 26-30, F

I think the jury can recommend punishment in civil cases. Like MAKE MONSANTO PAY ZILLIONS. Yeah!

Cierzo · M

I don't see anything wrong in this. The jury must just decide whether the defendant is guilty or innocent.

Personally I don't agree with the existence of juries.If I was to be judged, I would prefer a judge to do it.

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Cierzo · M

@Xuan12 I don't agree with democracy or believe there is true democracy today, but I live in the real world and see that some choices are less evil than others, so sometimes I vote.

Still I don't see any connection between fascism and your question.

Xuan12 · 31-35, M

@Cierzo Then you have chosen not to see.

Cierzo · M

@Xuan12 Which would be the 'fascist' answer to your question then?

bowman81 · M

In the USA for capital punishment the jury must participate in sentencing. Judge only death sentences were overturned. Hurst v Florida and Ring v Arizona.

All have the right to trial by jury, but may opt for a bench trial in non capital punishment cases.

TheOneyouwerewarnedabout · 41-45, MVIP

I thought jury recommended punishments? 🤔
FYI I’ve never been to court. Only seen them on tv

Longpatrol · 31-35, M

Isn’t that the prosecutions job? They look for the sentence they’d like applied? The judges job is to then decide if they will take it, reduce it or expand it. @TheOneyouwerewarnedabout

Xuan12 · 31-35, M

@TheOneyouwerewarnedabout Depends on where you are. Some places actually seem to PREFER the jurors know nothing of the law.

Longpatrol · 31-35, M

The death penalty should only be used in cases of murder, child sexual abuse, rape.

bijouxbroussard · F

@Longpatrol My understanding is that here the only capital cases are when a life has been taken. And often not even then, unless it’s a police officer or a hate crime. Even people convicted of treason have gotten life sentences in recent times. That used to be a capital crime.

Longpatrol · 31-35, M

That’s true, I personally feel that the capital crimes list should be expanded to include child sexual abuse and rape@bijouxbroussard

bijouxbroussard · F

@Longpatrol I can understand that. The only problem is, we’ve been wrong; people who have served time have been exonerated with the advent of DNA testing, some folks after [b]decades[/b]. They’ve been released and some have been compensated for being incarcerated while innocent. But you can’t give back someone’s [b]life[/b] if they’re executed while innocent.

Jackaloftheazuresand · 26-30, M

why is that funny?

bijouxbroussard · F

I’m surprised by that. My father’s been a jury foreman so many times it’s almost been a running joke and they always ask the jury pool with potentially capital cases, “Do you think knowing the death penalty is on the table would stop you from being able to decide this case ?” And they’ve excused jurors on that basis.

LyricalOne · F

@bijouxbroussard Exactly my experience.

bijouxbroussard · F

@LyricalOne Yes. I hope where he’s referring to isn’t in the U.S. Jury service is compulsory here. So I figure since I don’t want to be responsible for someone’s [b]death[/b], even down the line, I’d want to have an informed [b]choice[/b] about participating.

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