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If justice is blind, does she still poll the voters?

By Shawn Matlock

To the judge or to the jury, that is the question.  This is not so much a legalistic interpretation of Hamlet?s preeminent line, but rather the conundrum of the modern day criminal defense attorney.   You see, in Texas, prior to trial, a defendant must choose from whom he wishes to receive his punishment.  Before he knows he will be punished.  You choose either sentencing from the judge or from the jury. And while there is certainly a number of legal issues involved, this is one of those decisions in a criminal trial that is far less legalistic than pragmatic.  The decision is one made based more upon experience than scholarship.  Instinct than knowledge.  Gut than cognition.   Ultimately, it can be the difference between life an death.   ?I recently served on a Tarrant County criminal jury where the defendant was a middle-aged repeat offender who was found guilty of robbery...continue to full post

Full post as published by The Matlock Blog on November 08, 2009 (boomark / email).