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[quote] [b]Suho1004 said:[/b] WS: Thanks for the legal info. I agree with what you said in that post. Unfortunately, I don't have the time for a lengthier reply at the moment.[Edit: Ah, I agree with everything except the part about the jury deciding on capital punishment. [b]If I'm not mistaken, the jury simply decides whether or not the defendant is guilty of the crime, and the judge does the sentencing, no?[/b] At any rate, my point in the post above yours was that asking people how abortion should be punished if it were made illegal leaves out a step in the process.](Edited by Suho1004 on 02-01-2008 03:01) [/quote] I will look into the exact proceedure according to law, but what I found out so far is [quote]In 1976, contemporaneously with Woodson and Roberts, the Court decided Gregg v. Georgia, 153 428 U.S. 153 (1976) and upheld a procedure in which the trial of capital crimes was bifurcated into guilt-innocence and sentencing phases. [b]At the first proceeding, the jury decides the defendant's guilt; if the defendant is innocent or otherwise not convicted of first-degree murder, the death penalty will not be imposed. At the second hearing, the jury determines whether certain statutory aggravating factors exist, and whether any mitigating factors exist, and, in many jurisdictions, weigh the aggravating and mitigating factors in assessing the ultimate penalty ? either death or life in prison, either with or without parole.[/b][/quote] I do not know if that is still done, so I will research it and get back to you on it. [url=http://faq.ozoneasylum.com/397/]WebShaman[/url] | [i]The keenest sorrow (and greatest truth) is to recognize ourselves as the sole cause of all our adversities. - Sophocles[/i]
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