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Discussions - On Other Matters - View Post - Archive
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Date
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6/23/2008 1:20:23 AM
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Posted By
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cinsmith69 |
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Subject
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Re: Wow! Where do we . . .
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The juries still have some limits; they have to pick a sentence that's between the minimum and maximum for the crime if they find the person guilty.
And I think that most states don't have the juries do the sentences; that's why when a guy who got the death sentence in another state appealed it because he said it violated the sixth amendment because it was given by a jury he won. All the states that had death penalties that were given by a judge had to revisit all those sentences of people already on death row and had to change their laws to allow death-qualified juries to impose death sentences in future cases if they wished to continue having a death penalty. As far as I know no Texas cases were affected because the sentence comes from the jury so it adheres with the sixth amendment.
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