Virginia Senate Bill SB123

Virginia 2022 Regular Session

• Introduced: 1/7/22
• Refer: 1/7/22

Caption

Criminal cases; sentencing by jury.

Impact

The implications of SB123 on state laws are significant, as it seeks to restructure how sentencing proceedings occur post-conviction. By empowering juries to fix the degree of crime as well as impose sentences, the bill introduces a dual-phase trial process for serious crimes. This will likely lead to more thorough deliberations regarding the appropriate punishment, allowing jurors to consider victim impact testimonies and the defendant’s prior criminal history more deeply. Therefore, this bill could influence sentencing outcomes, potentially leading to longer or more intensive penalties depending on the jury's assessments.

Summary

SB123 aims to amend several sections of the Code of Virginia regarding sentencing in criminal cases, specifically focusing on the role of the jury in determining punishments. The proposed bill stipulates that in instances where an individual is convicted of homicide, or other serious felonies, the jury will not only decide the guilt or innocence of the accused but will also ascertain the degree of the crime and the corresponding punishment upon a request from the defendant. This change is set to enhance the jury's role in the sentencing phase of a trial, allowing for a more participatory approach in determining the consequences faced by convicted individuals.

Contention

However, the bill has not been without contention. Critics argue that allowing juries to determine sentences could lead to inconsistencies in sentencing, where similar crimes might result in varying punishments based on the sentiments of jury members. This is a departure from traditional judicial norms where judges typically have the final say on sentencing after considering a broader range of factors. Supporters of the bill counter that it places sentencing judgments directly in the hands of the community, thereby enhancing public trust and accountability within the criminal justice system.