When will a jury not consider the consequences of their verdict?

California, United States of America


The following excerpt is from People v. Cardenas, 53 Cal.App.4th 240, 61 Cal.Rptr.2d 583 (Cal. App. 1997):

"It is well established that when a jury has no sentencing function, it should be admonished to 'reach its verdict without regard to what sentence might be imposed.' [Citation.] The principle that juries are not to consider the consequences of their verdicts is a reflection of the basic division of labor in our legal system between judge and jury. The jury's function is to find the facts and to decide whether, on those facts, the defendant is guilty of the crime charged. The judge, by contrast, imposes sentence on the defendant after the jury has arrived at guilty verdict. Information regarding the consequences of a verdict is therefore irrelevant to the jury's task. Moreover, providing jurors sentencing information invites them to ponder matters that are not within their province, distracts them from their factfinding responsibilities, and creates a strong possibility of confusion. [Citations.]" (Shannon v. United States (1994) 512 U.S. 573, 579, [114 S.Ct. 2419, 2424, 129 L.Ed.2d 459], italics added.)

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