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morningfog

(18,115 posts)
Sat Feb 15, 2014, 11:29 PM Feb 2014

Another possible scenario: death penalty caused the hung jury (EDIT: Nevermind)

None of us know why or hose the jury hung on the murder charge. It could have been any combination of acquittal/manslaughter/second/first splits.

Considering they found guilty on all the other charges, I would expect that the division did not include an acquittal dissenter. Rather, it seems most logical that there was a division on first or second degree.

Florida is one of the states that still engages in the barbaric practice of executing its people. A sentence of death is only available in Florida for first degree murder conviction. It is not beyond the realm of possible that one (or more) on the jury refused to endorse first degree murder because they knew that death could then be sought. Likewise, it is possible that one (or more) on the jury refused to go with second, because they wanted to see him die.

If it was either of these scenarios, it provides yet another reason why the death penalty should, and in time will be, banned in the United States.

EDIT to add: The prosecutor did not seek death, but rather life without parole. So my hypothetical is incorrect.

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Another possible scenario: death penalty caused the hung jury (EDIT: Nevermind) (Original Post) morningfog Feb 2014 OP
What's wrong with the DP in this case? JJChambers Feb 2014 #1
The death penalty is wrong in every case. morningfog Feb 2014 #3
I don't think the prosecution was seeking the death penalty. bravenak Feb 2014 #2
Oh, if so, then I stand corrected. morningfog Feb 2014 #4
You are correct: morningfog Feb 2014 #6
I'm not sure if it was DP or not sarisataka Feb 2014 #5
While possible, that seems a stretch in the circumstances Scootaloo Feb 2014 #7
State said would not seek death penalty. elleng Feb 2014 #8
 

JJChambers

(1,115 posts)
1. What's wrong with the DP in this case?
Sat Feb 15, 2014, 11:31 PM
Feb 2014

There is literally NO doubt that Dunn committed this murder. Why SHOULDN'T we execute him? (Had he been convicted)

 

bravenak

(34,648 posts)
2. I don't think the prosecution was seeking the death penalty.
Sat Feb 15, 2014, 11:31 PM
Feb 2014

Not a capital case, and I heard them say the max was going to be life in prison. I should find you a link but I'm kinda lazy.

 

morningfog

(18,115 posts)
4. Oh, if so, then I stand corrected.
Sat Feb 15, 2014, 11:32 PM
Feb 2014

I haven't followed, I just read that they sought to convict on first degree, which is DP eligible.

 

morningfog

(18,115 posts)
6. You are correct:
Sat Feb 15, 2014, 11:34 PM
Feb 2014

"State Attorney Angela Corey did not pursue the death penalty against Dunn. Instead, he faces a maximum sentence of life in prison if found guilty of first-degree murder.

The jury also has the option to consider lesser charges of second-degree murder or manslaughter."

http://www.baynews9.com/content/news/baynews9/news/article.html/content/news/articles/cfn/2014/2/15/michael_dunn_trial.html

sarisataka

(18,711 posts)
5. I'm not sure if it was DP or not
Sat Feb 15, 2014, 11:33 PM
Feb 2014

but I agree it is very likely they hung over degree of guilt rather than an acquittal holdout.

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