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Juries do not hand down sentences! As 2sleepy stated the only time that juries play a role in sentencing in a federal criminal case would be where the penalty involved a possible death sentence.
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Judge with mandatory sentencing?
That is what the Congress has decided, as I am sure that you have argued in the past, The Congress makes the rules, not the Court.
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There was no chance of jury nullification.
The jury could have simply found them not guilty but chose not to. In short they had their chance.
What in the world are you talking about? All federal crimes are tried in federal court, that covers everything including interstate drug trafficking, kidnapping, counterfeiting and bank robbery. In 2012 there were 84,360 Federal sentencing's.
Never said they weren't. You reading between lines again?
Never said they weren't. You reading between lines again?
Let's try this again: THIS is what you said, your words..not mine.
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Originally Posted by BentBow
It is very rare a jury hears a federal case. Not saying it is never done, but it is very rare. Juries also set the penalty too. In the case of federal court, all that is usually left to one judge to convict and sentence you for a federally accused crime. They do not want the chance of jury nullification against the federal government. That cannot happen and make government look bad and their laws unjust.
And this was my response
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Originally Posted by 2sleepy
What in the world are you talking about? All federal crimes are tried in federal court, that covers everything including interstate drug trafficking, kidnapping, counterfeiting and bank robbery. In 2012 there were 84,360 Federal sentencing's. And where do juries set the penalty? As far as I know the only case in which juries have a role in determining a sentence is when (in some jurisdictions) they decide whether or not the death penalty should be imposed.
Never said they weren't. You reading between lines again?
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Originally Posted by 2sleepy
Let's try this again: THIS is what you said, your words..not mine.
And this was my response
Maybe this will help:
Ninety-seven percent of federal criminal cases end in plea agreements. So yes, federal criminal trials before a jury are rare as a percentage of all federal criminal prosecutions.
As for cases where a trial is held only in the presence of a judge, Rule 23(a) of the Federal Rules of Criminal Procedure provides:
"Cases required to be tried by jury shall be so tried unless the defendant waives a jury trial in writing with the approval of the court and the consent of the government. "
So the fact is, being tried by only a judge is stacked against a defendant. Being tried by a jury is the default option in the Federal courts, and even if you desire to waive your 6th Amendment right to trial by jury, it requires the approval of the prosecution and the presiding judge.
Ninety-seven percent of federal criminal cases end in plea agreements. So yes, federal criminal trials before a jury are rare as a percentage of all federal criminal prosecutions.
As for cases where a trial is held only in the presence of a judge, Rule 23(a) of the Federal Rules of Criminal Procedure provides:
"Cases required to be tried by jury shall be so tried unless the defendant waives a jury trial in writing with the approval of the court and the consent of the government. "
So the fact is, being tried by only a judge is stacked against a defendant. Being tried by a jury is the default option in the Federal courts, and even if you desire to waive your 6th Amendment right to trial by jury, it requires the approval of the prosecution and the presiding judge.
Once the local people set up a charity to get rid of the "patriots" I think it's time to rethink their "siege".
"Two Oregon brothers have already raised over $26,000 in a campaign to get the Bundy brothers and their fellow armed occupiers out of the Malheur National Wildlife Refuge, where they have been camped out since January 2.
The brothers, Zach and Jake Klonoski, launched the 'Go Home' fundraising campaign on Sunday, with those opposing the occupiers set to benefit from the donations.
These beneficiaries include the gun control group Americans for Responsible Solutions; Friends of Malheur National Wildlife Refuge; the Southern Poverty Law Center; and the Burns Paiute Reservation, the Native American tribe who claim their ancestors were the original inhabitants of the land"
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