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I Normally Believe in Due Process...
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<blockquote data-quote="slick4591" data-source="post: 927181" data-attributes="member: 16503"><p>We have the bifurcated system too, and ours is different in that the defendant has the election of going to the jury or judge in the punishment phase. If the death sentence is being sought, then the jury must be a part of the punishment process. In the punishment phase we can introduce evidence of previous bad acts and convictions. A judge or jury may assess any term within mandated guidelines without regard to previous convictions. In other words, they may max a person out just on the circumstances of the crime.</p><p></p><p>I think the Hinkley case is different as he was found not guilty by reason of insanity, which opens a whole 'nother can of worms. My understanding is that he is to be held until the mental health professionals declare him sane and not a threat to himself or anyone else. I think he gets a hearing occasionally in order to establish whether he is or isn't. None the less the judge has the final say.</p></blockquote><p></p>
[QUOTE="slick4591, post: 927181, member: 16503"] We have the bifurcated system too, and ours is different in that the defendant has the election of going to the jury or judge in the punishment phase. If the death sentence is being sought, then the jury must be a part of the punishment process. In the punishment phase we can introduce evidence of previous bad acts and convictions. A judge or jury may assess any term within mandated guidelines without regard to previous convictions. In other words, they may max a person out just on the circumstances of the crime. I think the Hinkley case is different as he was found not guilty by reason of insanity, which opens a whole 'nother can of worms. My understanding is that he is to be held until the mental health professionals declare him sane and not a threat to himself or anyone else. I think he gets a hearing occasionally in order to establish whether he is or isn't. None the less the judge has the final say. [/QUOTE]
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