If after a guilty verdit, the jury fails to reach an agreement on the punishment, who decides what the punishment will be? Is it the judge?
1 Answer from Attorneys
If both sides consent it can be the judge, otherwise a new jury will be chosen just to consider the issue of punishment. The transcript of the trial can be read and/or provided to them so they have some context. The procedure is the same as if a case were reversed on appeal for an error that only affected the sentencing phase.
Related Questions & Answers
I have a friend that was picked up on new charges, i bonded her out, the next day... Asked 7/21/10, 7:26 pm in United States Virginia Criminal Law
There were some central air units stolen from a couple of houses under construction... Asked 7/21/10, 8:27 am in United States Virginia Criminal Law
Can I get into any trouble for allowing my girlfriend's 16 year old daughter to move... Asked 7/20/10, 3:10 pm in United States Virginia Criminal Law
Can a 3rd party disconnect the utility and cable (if in their name) when renter is... Asked 7/19/10, 4:40 pm in United States Virginia Criminal Law
Can I use deadly force to my property or someone else who is being threatened while... Asked 7/16/10, 9:08 pm in United States Virginia Criminal Law