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Gary H 1978 911 SC
 
Join Date: Oct 2003
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Jury Duty How Would You Vote?

Just got home from jury Duty and a 23 year old was charged with 2 counts of intoxication vehicular homicide. The defense questioned the would be jurors if they could consider giving probation to their client. Texas has guidelines from 2-20 years, If less than 10 years is handed down probation is a possibility. I was not selected and was banished from the court. So what could you give this kid if you found him guilty.

Old 02-25-2013, 03:48 PM
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Old 02-25-2013, 04:08 PM
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Gary H 1978 911 SC
 
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we were told no felonies.
Old 02-25-2013, 04:14 PM
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if he were to get probation he should have to take antabuse for the entire duration, or else go directly to jail.
Old 02-25-2013, 04:20 PM
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"innocent until proven guilty" The only way to really know how I'd vote would be to sit in the jury box.
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Old 02-25-2013, 04:21 PM
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I believe in severely harsh penalties for these sorts of crime where some people died because of a very poor decision on the part of the defendant, I don't believe I would go for probation IF he was found guilty.

Of course, I would like to be on that jury to hear the details to determine guilt.
Old 02-25-2013, 04:30 PM
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If he was found guilty... no probation. It should be 2nd degree murder IMO! Probation just tells the next guy that it's not a big deal to drink/drive and kill someone. Just another thing wrong with this country.
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Old 02-25-2013, 04:37 PM
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Probation for two counts of veh. homicide due to DUI? Kidding me? This guy should be too old to drive by the time he gets out of prison. I hope he's sued for millions and spends whatever freedom he has left using a walker to get back and forth to work to earn his restitution money.
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Old 02-25-2013, 04:38 PM
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Tell me more about how and why you were "banished"?

I have an interesting story to tell myself later on about jury duty.

On your question about probation - I've been told that I do not understand how the criminal justice system works so I guess my opinion may not be worth very much.

But I question probation and early release programs - we are too lenient these days.

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Old 02-25-2013, 04:55 PM
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Gary H 1978 911 SC
 
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I was not "banished" I was dismissed. My brother is a attorney and both sides asked me about my brother so I knew I had no chance of serving.
Old 02-25-2013, 05:00 PM
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The OP wasn't asking if you would find him guilty or not. He is asking if you would allow probation. You don't need to sit on a jury to make that decision. That's why the defense was asking before-hand.
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Old 02-25-2013, 05:07 PM
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Quote:
Originally Posted by Red88Carrera View Post
The OP wasn't asking if you would find him guilty or not. He is asking if you would allow probation. You don't need to sit on a jury to make that decision. That's why the defense was asking before-hand.
If that's the case, he has poor defense attorneys...also, the way the OP read to me, he was deemed guilty. Hmmmm
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Old 02-25-2013, 05:12 PM
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Quote:
Originally Posted by pwd72s View Post
If that's the case, he has poor defense attorneys...also, the way the OP read to me, he was deemed guilty. Hmmmm
Actually a pretty good defense attorney. Why not select those most likely to allow probation? It's jury selection, not a trial.
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Old 02-25-2013, 05:16 PM
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Quote:
Originally Posted by gshase View Post
I was not "banished" I was dismissed. My brother is a attorney and both sides asked me about my brother so I knew I had no chance of serving.
OK well that's a whole different can of soup. Thanks for the clarification.
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Old 02-25-2013, 05:18 PM
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Quote:
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Actually a pretty good defense attorney. Why not select those most likely to allow probation? It's jury selection, not a trial.
That, I'll concede. The O.P. was made with the assumption of a guilty verdict.
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Old 02-25-2013, 05:18 PM
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Guilty! Guilty of crappy sentence stucture and punctuation.

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Old 02-25-2013, 05:37 PM
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I'm not a fan of drinking and driving. If he is found guilty, I would lean towards the max of the sentencing guidelines. JMO
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Old 02-25-2013, 05:45 PM
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Gary H 1978 911 SC
 
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Yes this was VENIRE or jury selection. All the talk from both teams of lawyers was about assumption of a guilty verdict. I checked the on line court records and he has 2 docket #s.
Old 02-25-2013, 06:18 PM
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voir dire, not venire

no, if guilty, he goes directly to jail, he does not pass go, he does not collect $200

priors involving alcohol or drugs would make me lean towards the harsher end of the sentence continuum

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Old 02-25-2013, 07:13 PM
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