Probation/ Sentencing Flashcards
What procedural step should you take to have the jury assess punishment, and when should you take that step? If Defendant is convicted by a jury, can the defendant then change his mind and have the Court decide his punishment? Explain fully.
In order to be sentenced by the jury, the defendant must elect to have jury sentencing in writing prior to voir dire. The defendant can change his mind and have the judge assess punishment after conviction only if the State consents.
The prosecutor gave you timely and proper notice that, at the sentencing phase of the trial, she would seek to introduce evidence that Troy committed a bank robbery on November 18, 2008 using Roscoe’s sawed off shotgun. Troy has not been charged with or convicted of the bank robbery. Is evidence that Troy committed the bank robbery admissible against Troy in the sentencing phase of the trial? Explain fully.
Yes. Prior bad acts, including uncharged criminal activity, are admissible at sentencing. The state must prove the commission of those acts beyond a reasonable doubt.
What procedural steps, if any, should you take to give the jury the option of imposing probation if it finds Wilma guilty?
Wilma must file a written, sworn motion with the judge prior to trial that she hasn’t previously been convicted of a felony in any state and the jury must enter in the verdict a finding that the information contained in the motion is true and I should request a jury instruction at the punishment stage of trial on the defendant’s eligibility for probation.
Viggo tells you that he really wants to be placed on community supervision if he is convicted of the aggravated robbery charge because he needs to work to support his wife and children. Should Viggo have the judge assess punishment? Explain fully.
No, for most offenses, judges can place defendant on community supervision. However for certain enumerated offenses (including aggravated robbery) only a jury can impose community supervision.
Only a judge can sentence a deferred adjudication.
