Can a jury give a sentence of less than the charge carries ?

Question

example 2 to 5 yrs min. if found guilty but see probation more fit. Or does the jury even give the sentencing?

Answer 1

A jury can advise what ever they want. If they advise too high of a sentence and the judge thinks it should be lower the judge can over rule them. It's only an advisement.

Answer 2

The jury finds the defendant guilty, guilty of a lesser included offense, or not guilty. The judge sets the punishment, although a jury can be asked to make special findings that will allow or not allow the judge to administer certain punishments.

Answer 3

Depends on the crime.

Answer 4

they can only recommend a sentence...the judge hands it down the way he/she sees fit.

Answer 5

A jury not only tries the case, it also tries the law the case is based on. They aren't usually told this by the judge but its true. They have the power to nullify the trial because they think the law is unjust. If say they haul you into court for shooting a burglar in your home in NYC or Wash. D.C. where they have laws against gun ownership and the jury decides that the law is overstepping the right of government to have such a law they can release the defendant even if he gets on the stand and says he did it.

Answer 6

The Judge is the one who gives the sentence, the Jury just decides on the guilty / not guilty.

Answer 7

the judge gives the sentence and he may take into the consideration of the recommendation of the Lawyer.