Just wondering how to they determine the sentence ?for instance someone doing the same thing may get life without parole some may get life with the possibility of parole and some receive the death penalty is it the judge who listens to recommendations from character wittinesses and reviews the court transcripts and wittiness testimony or does the jury make that decision how does that work ?

sorry once again typos lol didn't mean wittiness ha ha witness omg

good quistion dragon me was thinking about this quistion often who does determine the sentence?
i guess it's because of it's there first crime and with money all in the world goes about money!!

__________________
be nice to the people on your way up,because you will meet them again on your way down

Dragon you asked a very complex question . Like so many questions here it depends on a lot of things . Some states do not have a DP and the prosecution reserves LWOP for only the wost of the worst . The same can be true in some DP states . Prosecuting a DP case is very costly on average the prosecution spends 2 million . So they in some sates have to exercise restraint . TX is intersing and of course well knowfor executions and snding as many as possible toDR though most on DR in TX come from 4 counties Harris Most of (Huston) Dallas Bexar ,( San Antonio) and Tarrant ( Dallas/ Ft Worth )

All of those copunties now have serious problems being investigated in thier criminal Justices systesms also in states such as TX judges and DA's are elected the more conservative a area the more likely the prosecutor wil be pressured to seek the DP and get a conviction and the more likelya jurywill vote for death .

Usualy ther crime has to be partuclarly heinous in nature
the convicted is a continuing danger to society there are not any mitigating factors . Though in TX that is not the case A person could be romtely invloved and sit on Dr while the actual killers get a lesser sentace if the "confess" of give up a person .
That person then becomes sort of the sacrificial lamb " Thanks to the inasne "law of parties" almost any one can land on DR
Other state do have accomplice laws but if I recall only TX transfers guilt to some one remotly involved or just in the wrong place at the wrong time and has zero knowledge of a crime . Yes you can go to prison in TX and be totally innocent of a crime all you have to do is say give a ride to some one who committed a crime and not know it or let them in your home and not know they did any thing ! Other states do not do that . ONLY TX

Usually it is a political decision to seek the DP . If there is a election even if the prosecutor is appointed . especially if the person who appointed the prosecutor and judge is running or any office . That has been established in many studies . DP sentences increase in election years !

It also depends on the jury and who they are a "conservative" area is more likely to vote for death than a Independent , moderate or liberal area .
It gets more complex too who the victim is . the more sympathetic a victim the more likely the DP in some place a cop getting killed even if it is his/ her own damn fault will get the DP sought . This shows we really do not have equal protection also if the defendant can afford a high powered lawyer the less likely the DP is sought So it is very arbitrary and capricious often politically motivated .

This is very very basic and it is much more complex . Capitol law is very complex and very few are very good at it even judges prosecutors and defense attorneys.

__________________
If the storm doesn't kill me
the government will

REM

thanks its confusing when you've only seen it on t.v there is something called the penalty phase etc i never really understood who actually makes that decision so it at least gives me a clearer picture it just seems strange that there are those convicted of first digree murder who get life with parole and then those as you said that may have been an accomplice who get sentenced to D.R

Yes it is confusing . If you have not been though it or have a lot of knowledge of how a capitol case is prosecuted . TV shows a very simplistic vies in part because it would take a whole show just get through all the legal maneuvering that goes on prior to a trail that would not draw many viewers it is boring . It also would take hours to show a real capitol trail . The producers would have to doa lot of research and thaT meantime and money . TV unfortuantly is nota good source for legal information among other things .

There are two parts to a trail in which death is sought One is the guilt phase it is similar to a non capitol trail but is much more involved and very costly . Then there is the "punishment" phase in which a jury decides what punishment the defendant will face . in some states it is a different jury in TX it is the same one that convicted the defendant .
It isvery stressful o fro the accused and their defense counsel . From Jury selection called Voir dire . Where prospective jurors are supposed to state a number of things if they know any of the parties involved on either side , Any if they are cops or government employees of any sort sort have a relative who is in law enforcement or a prosecutor and much more such as if they have been arrested or have a realtive in prison any thing that can if they can impose the DP in a capitol case . This is one of the problems usually those who can impose death are inclined to believe the state in the first place making a up hill battle for any facing a potential death sentence . It is one of the major complaints that is used against the DP and a legit one . There is usually a evidenciary phase in TX the prosecutor control what evidence is shown unlike oterstaes that have what is called reciprocal discovery mean they have to share ALL evidence prior totrail and allowed the defense to investigate it . This is usually true even in a non capitol trail
Then witnesses are called and examined by both side (hopefully ) this is another major problem in forensic evidence where the examines will perjure themselves or manufacture evidence to fitr for al kinds of reason from pressure form the prosecution to a belief the person is guilty and they should lie becuase thee evidence is weak ,flawed or inconclusive and in some cases a out right malice

Other witnesses also testify often they are pressured by the prosectuion to comit perjury or want to believe the person is guilty and testify to things that are not true thease are also problems in non captiopl cases . O they are just mistaken that happens far too often .

In the punishment phase victims survivor can speak a there are less rules and less ability for the defense to object . The prosecutor can make up any thing they wish usually trying to turn the defendant into a monster . the defendants supporters can speak also . on occasion a victims family has asked for mercy only to be ignored .

It is very emotionally and physically draining for the accused and thier counsel as they are fighting the state that has vast resources and the almost no accountability if they are wrong or deliberately convict a person for some sort odv political gain .

It is stil more invloved and I am sure I missed a lot.

try this

http://www.innocenceproject.org/


It gives a good idea about the problems I mentioned .

The Innocence Project works with more than DP cases .So it will give you a good idea about things overall and the major flaws in our justice system not h just the DP The DP take attention away from other worthy cases where some one is in prison wrongly or serving a sentence they should not be .

__________________
If the storm doesn't kill me
the government will

REM

you gave me a lot to read Lil what i thought was a simple question is far more complex then i thought

Yes it is very complex to be honest I tried to explain the moist important issues and I am sure there is some I missed . Besides not rusting the state with a life or death issue and not believing that cops prosecutors and judges make mistakes or deliberately commit crimes to get a conviction , AS happened it cost my family a lot of money and there are still deep wounds and hurt in my family that might never get healed due to to this corruption and abuse of power in my case . Not to mention the DP is irreversible once carried out . These are serious flaws in our justice system and there are a lot of people languishing in prison who are not on DR who get very little support or help in part because the DP takes attention away from them and of course DR gruopies with their own psychological troubles who go on and on proclaiming their love for a DR offender and thei offenders innocence.regardless if they are or not and their counter parts the deeply disturbed and unstable rabid blood thirsty pros drawing attention to the DP what sad waste of resources that could be used for much better things .

I can try to explain more though it is not as easy to do for a number of reasons not al are due to the complex law .

Yes tere are inncernt peopel on DR who could very well be executed and at least two case in TXare being investigated one is here

The Innocence Project

It is looking as if TX executed in the recent past two innocent men .
There is a lie being perpetrated by pros that Cameron Willingham Bragged in Polunsky he set the fire . If any thing I know no one would ever brag about Killing children f they are in prison that is a good way to put your life in danger and no one with appeals will admit to a crime that is part of life in prison A snitch might lie to get something . I am very skeptical of jailhouse snitches and rarely belive them they usually get something for snitching so it is often a complete fabrication
While Willingham probably was not a great guy he was probably inncent of the crime that got him executed

__________________
If the storm doesn't kill me
the government will

REM