Legal Question in Criminal Law in Colorado
criminal trial
In a criminal trial, when a verdict is
reached, it is for guility or not guility,
right? The jury has no say in the
sentancing do they? Isn't it set for
another hearing after apeal? This is
coutny court.
2 Answers from Attorneys
Re: criminal trial
You are right regarding verdict, guilty or not guilty. Regarding sentence, the jury does not set the sentence but CAN have an effect depending upon their answer to any special interrogatories ("was this an act of domestic violence?"). As for sentencing after appeal, you cannot appeal until after sentencing, so that's incorrect. A "re-sentencing" hearing may be held if the appellate court remands the case to trial court for a hearing. Maybe that's what has you confused. The timing, the hearings can all be changed if you know what you are doing. It cannot if you do not.
Re: criminal trial
The jury only determines sentencing in a capital (death penalty) case. Sentencing may be immediate, or a hearing may be set for later, during which a pre-sentencing report is made.
An appeal may be filed after that.
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