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The Watercooler
For those watching the Casey A. trial.....
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<blockquote data-quote="HaoZi" data-source="post: 442927"><p>Okay, felony murder and first degree are not the same thing, but in Florida they are subject to same possible sentences, and both can carry the death penalty.</p><p>The jury must agree on the charges, yes, but they can convict on one charge and hang up on another, and she'll be sentenced for the unanimous conviction and retry the hung one separately.</p><p>The jury does NOT have to be unanimous in sentencing - that's majority rules, and the judge does not have to go with what they decide. Now generally the higher the majority vote for the death penalty, the more likely it is to upheld by FSC and the 11th District (and summarily ignored by the USSC).</p></blockquote><p></p>
[QUOTE="HaoZi, post: 442927"] Okay, felony murder and first degree are not the same thing, but in Florida they are subject to same possible sentences, and both can carry the death penalty. The jury must agree on the charges, yes, but they can convict on one charge and hang up on another, and she'll be sentenced for the unanimous conviction and retry the hung one separately. The jury does NOT have to be unanimous in sentencing - that's majority rules, and the judge does not have to go with what they decide. Now generally the higher the majority vote for the death penalty, the more likely it is to upheld by FSC and the 11th District (and summarily ignored by the USSC). [/QUOTE]
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For those watching the Casey A. trial.....
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