07-03-2011, 07:55 AM
if she is found guilty of 1st degree murder there will be a penalty phase. the jury would then vote on death or LWOP. all that is needed is a majority of the jurors for that, not unanimous vote.
if they came back with LWOP the Judge cannot change that to death. but if they came back with death the Judge could override the jury and reduce that to LWOP. (i think he'd go with death due to his history.)
there would be no penalty phase if she is convicted of a lesser offense.
sentencing could be later, because there needs to be a sentencing report done blah blah.
obviously if she is acquitted, no sentencing.
she already did time served on the bad checks, larcenies.
the jury could begin deliberating this afternoon and may well continue on monday, the holiday. they want to go home. but they are not going anywhere if there is a penalty phase.
i am very concerned about a hung jury here, Christ i hope not. not because of lack of evidence, but because of makeup of jury and it's tough to get a death sentence on a young female. they are not supposed to consider sentencing in guilt deliberations, but it happens.
when it's all over the Judge can then sentence baez to death.
if they came back with LWOP the Judge cannot change that to death. but if they came back with death the Judge could override the jury and reduce that to LWOP. (i think he'd go with death due to his history.)
there would be no penalty phase if she is convicted of a lesser offense.
sentencing could be later, because there needs to be a sentencing report done blah blah.
obviously if she is acquitted, no sentencing.
she already did time served on the bad checks, larcenies.
the jury could begin deliberating this afternoon and may well continue on monday, the holiday. they want to go home. but they are not going anywhere if there is a penalty phase.
i am very concerned about a hung jury here, Christ i hope not. not because of lack of evidence, but because of makeup of jury and it's tough to get a death sentence on a young female. they are not supposed to consider sentencing in guilt deliberations, but it happens.
when it's all over the Judge can then sentence baez to death.