Monday Morning Jumpstart
Posted on
November 26, 2007 by
Gideon
If you're new here, you may want to subscribe to my RSS feed. Thanks for visiting!
Well, that was a nice refreshing long weekend. Here are the weekend’s most interesting links to get your day started:
- CorrSent makes some great points about a new study that shows a 10% decline in arrests for sex offenses over the last decade.
- Grits reports on a plan in Texas to limit probation to 5 years. Connecticut’s sentencing commission also considered something similar.
- Stephen Gustitis offers his thoughts on the growing role of victims in sentencing. My previous posts on this subject are here and here.
- Scott G asks an important question: What happens to the exonerated? Back in May, when James Tillman was released here in CT, I noted the disparity in compensation for the exonerated.
- The NY Times feature on “after innocence” is here.
- CapDefWeekly’s weekly roundup is here.
- Mark Bennett once again defends the Texas practice of letting juries sentence. How many other states have this feature?
- The Stamford Advocate has this article on the police strategy of using informants to make drug arrests but not having them testify.
- The judiciary committee hearings start today and while some legislators are being cautious, some are being headstrong.
That’s all I got. Enjoy the day!
Sphere: Related Content
Loading ...
Gideon,
I believe that Arkansas, Missouri, Oklahoma, Texas, and Virginia are the only states that allow jury sentencing in felony cases.
As a current Arkansas defense attorney, and former prosecutor, I can verify that Arkansas does have jury sentencing.
Jury sentencing can be a blessing or a curse. A criminal defense attorney has to weigh the possible deviations a jury could possibly reach as a sentence.
Like Mr. Bennett said, there are some situations where a jury would consider probation under circumstances which a prosecutor or a judge cannot recommend or agree to a probation sentence.
A huge “hammer” that Arkansas prosecutors have is that they, the State, also have a right to jury trial in Arkansas. Even if you wanted a bench trial and sentencing in Arkansas, a prosecutor can squash that.
Victims have a role in sentencing. It will ebb and flow a bit. You guys need to get used to it.
Justin,
In Texas, too, the State can prevent the defendant from having a bench trial. But please don’t call it a right — the state doesn’t have rights in relation to the people. Rights are what the weak have to protect them from the strong. The strong have power to protect them from the weak.