Legal Question in Criminal Law in Virginia

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?

Asked on 7/22/10, 5:29 am

1 Answer from Attorneys

Michael Sprano The Sprano Law Firm, LLP

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.

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Answered on 7/22/10, 9:27 am

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