(April 19, 2021 at 6:04 pm)BrianSoddingBoru4 Wrote:(April 19, 2021 at 5:58 pm)arewethereyet Wrote: I can't find anything either.
Though not sure on this, I have heard of the sentencing being left only to the judge. Perhaps if the jury comes back with a guilty verdict the plan is to let the judge do the sentencing. A jury that has decided upon his guilt may be seen as a jury that is going to go for the harshest sentence. Of course, a judge uses a jury sentence to make his decision...he isn't bound by it.
I think 37 may have misunderstood what he heard.
Sentencing and stuff aside, I don’t think you’re allowed to to suddenly decide you want a bench trial after closing arguments, or indeed after you’ve already opted for a jury trial. If Chauvin’s lawyers were to make such a request, the only way a judge could accede to it would be to declare a mistrial and go through the whole thing again.
Boru
If a defendant is entitled to a jury trial, the trial must be by jury unless (1) the defendant waives a jury trial in writing, (2) the government consents, and (3) the court approves.
So fat chance.