07-30-2012, 10:01 AM
the sentencing hearing should be taking place now. the defense will present mitigating factors, if any. the state will present aggravating factors.
there should already be a pre-sentencing report in the judge's hands.
the jury will weigh the factors and make their recommendation to the judge.
the judge cannot sentence to death if jury recommends life. however, he can sentence to life even if they recommend death. they usually follow jury recommendation.
prior to actual sentencing there may be victim impact statements by victims' families.
![[Image: Judge-1.gif]](http://i1118.photobucket.com/albums/k615/26witch/Judge-1.gif)
there should already be a pre-sentencing report in the judge's hands.
the jury will weigh the factors and make their recommendation to the judge.
the judge cannot sentence to death if jury recommends life. however, he can sentence to life even if they recommend death. they usually follow jury recommendation.
prior to actual sentencing there may be victim impact statements by victims' families.