Sentencing by Jury in Weed Cases!!!

â??Sovereignty itself is, of course, not subject to law, for it is the author and source of law; but, in our system, while sovereign powers are delegated to the agencies of government, sovereignty itself remains with the people, by whom and for whom all government exists and acts.â?- Yick Wo v. Hopkins - 118 U.S. 356 (1886)

â??In all criminal cases whatever, the jury shall have the right to determine the law and the facts.â? â?? Indiana Constitution Article I Section 19

A guilty verdict is a fact finding verdict. It never gave the power to the judge to sentence a person. The person has the right to demand the people to determine the law and deny the public servants, the judge or the legislator, from determining the law. Trial by jury is also sentencing by jury.

If a person exercises the right to trial by jury, the jury has the right to determine the facts and the law. In sentencing, the facts are being considered and the law is being determined for a sentence. So sentencing is considered trial. Trial is not just one phase but two phases; the evidence and the sentencing.

The jury nullification is at the discretion of the judge because the judge controls the jury instruction. To demand the judge to give jury nullification instructions by the common person is a difficult task when there is a conspiracy in government to deny jury nullification.

The evidence phase of the trial is to determine if the evidence is sufficient to establish a crime occurred beyond a reasonable doubt. The jury is allow to determine the laws are just or not in the sentencing phase of the trial. If the jury feels the law is unjust or the penalty is unfair, they can either refuse to sentence the person or give a sentence that they feel fit the crime. Would there be an issue about the jury cannot decide a sentence? If the jury need help deciding a sentence, they can ask the judge for several sentencing recommendations to help them decide a sentence.

If you get caught with growing weed and you will face jail time, it will not hurt to talk to your attorney about a constitutional challenge to establish sentencing by jury. The US Supreme Court already establish trial by jury is also sentencing by jury in death penalty cases; RING V. ARIZONA (01-488) 536 U.S. 584 (2002). There are discussions in this case about there are mitigating or aggravating factors in death penalty sentence. The defendant have the right to have the jury makes a sentencing determination by the facts. Is there aggravating or mitigating factors in every non-death penalty sentencing like weed growing? Think about it!!! You case might reach the US Supreme Court.