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.