As long as I have been practicing I have been told that Virginia is one of only four States which have jury sentencing. However, when I ask if anybody knows which other three do this I usually get blank stares. Does anybody out there know the other three States?
Texas has jury sentencing--defendant gets to choose between the jury or the judge.
ReplyDeleteOff the top of my head, I think its Texas, Arkansas, Kentucky, and Virginia... (I only remember because I read this article a while back)
ReplyDeleteActually, after re-reading a bit of the article, it looks like six states have jury sentencing: Virginia, Kentucky, Missouri, Arkansas, Texas, and Oklahoma...
ReplyDeleteAs a footnote, remember also that in some states the death penalty, qua sentence, is a jury question separate and subsequent to a finding of guilt.
ReplyDeleteActually, I think all States have to use a jury in order to get a death sentence.
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ReplyDeleteKentucky has Jury sentencing, although the Judge has the discretion to go below whatever sentence the Jury recommends.
ReplyDeleteThe military also has jury sentencing. 10 USC 851.
ReplyDeleteCorrect on both including Oklahoma and Military Courts (Uniform Code of Military Justice).
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