KenTheAlbino t1_iscfe2q wrote
Reply to comment by Jaaawsh in Parkland prosecutors ask for an investigation after a juror says she was threatened by ‘a fellow juror’ during deliberations - CNN by SilentR0b
I am a lawyer. I practice criminal defense in Florida. The jury rendered a finding recommending life. The judge accepted the recommendation. Jeopardy has attached and there is no going back. Even if all three (it is being reported as three) life votes came out and said they were bullied into it (which I highly doubt was the case)- it would still be over when it comes to the death penalty.
But knowing what I know based upon experience- I can nearly guarantee that the person being bullied was a life vote. There were 9 death votes. And they knew they had to be unanimous in order to get death.
Mistrials are a tricky thing when it comes to double jeopardy (at least in Florida- I can only speak for where I am barred). The only real ways for the court to grant a mistrial without jeopardy attaching are 1) at the request of the defense, 2) a hung jury, or 3) extraordinary circumstances which would prevent the administration of justice.
In the case of Mr. Cruz, 1) the defense is not requesting it, 2) the jury did not hang- 1 life vote equals a life verdict in a penalty phase, and 3) even if they found one life juror bullied a death vote into life- it still would not result in manifest injustice as all you need is one life vote for a life verdict.
This is a nuanced issue and I hope I am explaining it in a way which can be understood. I am purposefully avoiding jargon and making it overly complicated.
Atkena2578 t1_iscgxmu wrote
Finally someone who spoke my mind. If you go on twitter, everyone thinks to seem that the "one holdout" (there were 3 who voted life) was the one who intimidated the other 2 to change their vote hence why she went ahead and wrote a note to judge to get ahead of complaints... and that makes no sense whatsoever. Usually the bullies are on the majority vote not the other way around. One juror gave CNN an interview (no the one who wrote the note) and says that she felt disrespected by others with her vote choice and that they just stood their ground and wanted to get out of there.
KenTheAlbino t1_iscmgi9 wrote
One life vote has no need to bully others. One life vote is a life verdict. It makes absolutely no sense for it to be the life vote bullying the death votes.
Atkena2578 t1_iscmoke wrote
I know, and to understand that you need common sense which twitter doesn't have
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