In the one case I sat on the jury for the judge told us that we had to follow their directions exactly as to how to interpret the law when making a sentence. We were informed we not allowed to choose a lighter charge (options were misdemeanor assault, assault and aggravated assault).
Jury nullification wouldn't have mattered and it was settled in an hour, but it was interesting. But I had been warned by multiple lawyer friends this might happen.
Even more wasteful as this was the 3rd strike so the difference between assault and aggravated was 25 or 26 years, aka no difference. And the defendant had pleaded down already. Finally it was obvious it wasn't aggravated for several reasons and the prosecution was just fishing for convictions. Basically took 2 extra days of everyone's time fishing for sentence elevations.
The jury ended up giving them assault, not aggrivated. Aggrivated required pre-mediatation. But the guy was drunk and did something dumb and quick. It wasn't pre-meditated. The judge was essentially telling us it had to be aggrivated, but also quoted the law. The jury voted for non-aggrivated. But it was 3 strikes so he got the same sentence (the full boat) no matter if he was aggrivated or non-aggrivated.
how do I know this? the defense attorney and the prosecutor both went to bars in my neighborhood. I got both of them drinks and asked them for the back story on the case.
Jury nullification wouldn't have mattered and it was settled in an hour, but it was interesting. But I had been warned by multiple lawyer friends this might happen.
Even more wasteful as this was the 3rd strike so the difference between assault and aggravated was 25 or 26 years, aka no difference. And the defendant had pleaded down already. Finally it was obvious it wasn't aggravated for several reasons and the prosecution was just fishing for convictions. Basically took 2 extra days of everyone's time fishing for sentence elevations.