The presidential veto on law ...

United States
February 2, 2008 11:17am CST
I'm going to get right to the point on this one. Should a Judge be allowed to lessen the sentence made by a jury of peers? Now adays it's not uncommon for a jury to give the criminal a harder sentence than a judge. So my lovelies I ask you to ponder this why do we let the jurrors decide the fate when the judge over throws them? What was the whole point if the judge is just going to do what he wants anyway? Case in point a movie star was beat to death (she was only 22) and they found the murderer guilty and the judge changes his sentence to 3 yrs... Is it a miscarriage of justice?
2 responses
• United States
2 Feb 08
No it isn't a miscarriage of justice. The jury is used primarily to pass the judgment of guilt or innocence. Sentencing is a whole different story and sometimes the jury passes a sentence that is too harsh and outside of the guidelines for the crime. I know a guy who wanted a jury trial in an assault case. The maximum jail sentence he could have gotten was 2 years. A jury would have given him that after hearing how he beat the crap out of his girlfriend while she was going to the bathroom. But this guy didn't have that big of a prior record and 2 years would have been reduced by the judge because of that fact. The most he would have gotten would have been 3 months. There are plenty of factors that a judge has to consider that a jury doesn't always. I know this is completely off the scenario you gave but it is more realistic as to when this sort of thing happens.
1 person likes this
• United States
4 Feb 08
thank you for your response and have a nice one Cyn.
@Kenorv (343)
• United States
3 Feb 08
I'm not going to say that it's necessarily a miscarriage of justice. Remember the judge knows the law much better than any juror would and that includes sentencing laws. Without knowing all the facts of the case I can't say one way or another if the judge was right or not.