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11-19-2013, 04:44 PM #1Senior Member
Sentencing by Jury in Weed Cases!!!
"the jury has the right to determine the facts and the law." <-- I'm not sure if I'm understanding your intent with this statement.
"A guilty verdict is a fact finding verdict."
"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?"
Sorry, but that is simply untrue.IgotQuestions Reviewed by IgotQuestions on . Sentencing by Jury in Weed Cases!!! ??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.?- Yick Wo v. Hopkins - 118 U.S. 356 (1886) ??In all criminal cases whatever, the jury shall have the right to determine the law and the facts.? ?? Indiana Constitution Article I Section 19 A Rating: 5
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