13 July 2005

What States Have Jury Sentencing?

As long as I have been practicing I have been told that Virginia is one of only four States which have jury sentencing. However, when I ask if anybody knows which other three do this I usually get blank stares. Does anybody out there know the other three States?

9 comments:

123txpublicdefender123 said...

Texas has jury sentencing--defendant gets to choose between the jury or the judge.

Chris said...

Off the top of my head, I think its Texas, Arkansas, Kentucky, and Virginia... (I only remember because I read this article a while back)

Chris said...

Actually, after re-reading a bit of the article, it looks like six states have jury sentencing: Virginia, Kentucky, Missouri, Arkansas, Texas, and Oklahoma...

KipEsquire said...

As a footnote, remember also that in some states the death penalty, qua sentence, is a jury question separate and subsequent to a finding of guilt.

Ken Lammers said...

Actually, I think all States have to use a jury in order to get a death sentence.

Gideon's Guardians said...
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Michael D. Pratt said...

Kentucky has Jury sentencing, although the Judge has the discretion to go below whatever sentence the Jury recommends.

Gideon's Guardians said...

The military also has jury sentencing. 10 USC 851.

Anonymous said...

Correct on both including Oklahoma and Military Courts (Uniform Code of Military Justice).