Thought about putting this in the LE forum, but, wasn't sure it fit.. Feel free to move it if it fits better there.
Anyone ever serve on a jury for a major crime (something heinous that carries the possibility of major prison time, in this case life)?
I recently had the "opportunity" to serve as a juror on a case that involved the kidnapping and sexual assault of a young teenager. The details are not something I'm comfortable sharing, save to say that there was not a single shred of doubt among any of the jurors about who the perp was. When he was arrested, he was still holding the victim. The guilty verdict took about 90 minutes. The first half hour or so was spent just unloading the stress of not being able to talk during the trial. It really only took about an hour to crawl through all the elements of the charge and make certain everyone was satisfied all the elements were met. There was absolutely no doubt in the room.
But I'm still losing sleep over sentencing.
In Texas, criminal trials are bifurcated. If you're not familiar with the term, it means that after a guilty verdict is rendered there is a second round of testimony before sentencing. In this second phase, the prosecution is allowed to bring in facts that were not allowed at trial. Prior criminal history and victim impact being primary. The defense is allowed to present mitigating testimony. Diminished mental capacity (not a factor in this case), family history, remorse or any other mitigating factor. During this phase we learned that this was not his first victim.
Looking back at voir dire, both sets of attorneys asked the jury pool to self-identify any predispositions regarding sentencing. Using some hypotheticals, each juror was required to declare that they were able to consider the full range of penalties for the case. In this case the range was as wide as could be, from probation (under specific circumstances, not worth the distraction here) to life in prison. Anyone who wound up on the jury had sworn to their ability to consider the full range of penalties, knowing (again using hypotheticals) the nature of the case at hand.
Our perp got a very lengthy sentence, but it was much less than I felt it should be. He'll be eligible for parole in time to spend a good number of years back out among us, assuming he gets parole early (the Judge assured me afterwards that it was unlikely, given the details of the case, but still... there's that chance.) As it turns out, there were several jurors that didn't honestly answer that "full range of penalties" question during voir dire. IMO, sexual predators that victimize children deserve not one day short of life in prison. Apparently, there are folks that hold out hope.... That believe these monsters should be given the opportunity for rehabilitation. I believe I got 100% of the sentence that jury was ever gonna unanimously give. I suppose I (and several others that were with me) could have hung the jury on sentencing, but, with a far-from-light sentence agreed to, risking kicking this to another jury, making the victim testify again, putting another 12 jurors through a retrial.... with no guarantees ... I agreed to the bird in hand. The State and the victim appear to be satisfied. The Judge said he felt certain the sentence would pass muster. (I'm not sure about the process for "approving" a jury sentence... if we did give him life, could someone in the justice system throw that out? Would a life sentence for such a crime be considered unreasonable and grounds for appeal?... ).
I am still losing sleep. The possibility that, a long time from now, he may take another victim..... when there was a chance to put him away forever...
Did I fail this victim? I wish I could ask her.