re: Remember the Baton Rouge cocaine kingpin Obama pardoned a earlier this year?

quote:

---

Still don't understand how our legal system allows one man to overturn a conviction handed down by a jury of one's peers

---

The conviction still stands as he served time. The amount of time is set by law or the judge, not the jury.

I don't agree with letting him out but just saying your statement is wrong.

quote:

---

In terms of sentencing law, who determines what kind of punishment a convicted defendant will receive?

Contrary to what many in the public think, it is judges, not juries, that almost always determine sentencing for a convicted criminal defendant. It is pretty common for the judge to tell the jury not to consider punishment when determining whether a criminal defendant is guilty or not guilty. Indeed, many times a mistrial is declared when it can be shown that the jury considered punishment when determining guilt.

However, there are some occasions when a jury will decide a convicted criminal's punishment. For example, in capital punishment cases (death penalty cases) in some states, judges are not permitted to impose the death penalty and it is up to a jury to decide whether a convicted criminal should be sentenced to die.

---