General Question

sfndr's avatar

Do jurors hand down the sentence in first degree murder cases in California?

Asked by sfndr (6points) September 3rd, 2008

I was recently on a jury (criminal trial, not murder) and we didn’t have any hand in the sentence, but I have heard differently on 1st degree murder cases. It seems it would be a built-in anti-death penalty system, but anyone know?

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2 Answers

JackAdams's avatar

A jury in CA can RECOMMEND life or death (in certain cases) but ultimately, the judge makes the final decision, as I understand the process.

September 3, 2008, 5:46 PM EDT

cheebdragon's avatar

judges give the sentences, the jury can recomend one, but it’s ultimatly up to the judge. They usually give longer sentences than offered by the DA, it’s just a matter of if you want to plead guilty to the crime.

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