(ANITA)
OUR TEAM COVERAGE
ON THE SPECIAL
SESSION
CONTINUES WITH
EFFORTS FOR CRIMINAL
JUSTICE REFORM.
IT'S A BIG ISSUE
LAWMAKERS ARE
TACKLING RIGHT NOW
IN RICHMOND.
10 ON YOUR SIDE'S
KAYLA GASKINS SPOKE
WITH A LOCAL LAWYER
ABOUT THE PUSH TO
GET RID OF
SENTENCING BY
JURIES.
(KAYLA GASKINS)
ATTORNEY'S I'VE
SPOKEN TO SAID IF THIS
BILL PASSES IT WOULD
BE A VERY, VERY BIG
DEAL.
LEGAL EXPERTS SAY
VIRGINIA IS ONE OF
ONLY A HANDFUL OF
STATES IN THE
COUNTRY WITH THIS
LAW STILL ON THE
BOOKS.
IN VIRGINIA IF YOU
REQUEST A TRIAL BY
JURY AND ARE FOUND
GUILTY -- THAT JURY
ALSO DECIDES HOW
LONG YOU'LL SPEND
BEHIND BARS.
STATE DEMOCRATIC
LAWMAKERS WANT TO
CHANGE THAT.
IN JANUARY THEY
INTRODUCED SENATE
BILL 811 -- WHICH LET'S
THE JUDGE MAKE THE
SENTENCING DECISION
DURING A JURY TRIAL.
IT PASSED THE SENATE
WITH BI-PARTISAN
SUPPORT -- THE HOUSE
SUBCOMMITTEE
PASSED A MOTION TO
CONTINUE.
STATE DEMOCRATS
INCLUDED THE BILL ON
A LIST OF PRIORITIES
FOR THE AUGUST
SPECIAL SESSION AS
THEY FOCUS ON
CRIMINAL JUSTICE
REFORM.
LOCAL DEFENSE
LAWYER JAMES
BROCCOLETTI
EXPLAINED WHY
JUDGES SHOULD BE
RESPONSIBLE FOR
SENTENCING.
BECAUSE JUDGES HAVE
BEEN IN THESE
SITUATIONS, HAVE
HEARD A NUMBER OF
CASES, ARE ABLE TO
WEIGH THINGS FROM A
MORE PROFESSIONAL
STANDPOINT. AS
OPPOSED TO JURORS
COMING FROM ALL
WALKS OF LIFE THEY
NEVER BEEN FACED
WITH THE PROSPECT
OF IMPOSING A
SENTENCE ON
SOMEONE.
JUDGES HAVE ALSO
HAVE THE POWER TO
SENTENCE OUTSIDE
THE SENTENCING
GUIDELINES.
JURORS DO NOT.
THIS CAN HELP
DEFENDANTS GET
SHORTER SENTENCES.
IN VIRGINIA ONLY
BETWEEN 1-2 PERCENT
OF DEFENDANTS
CHOSE A TRIAL BY JURY.
BROCCOLETTI SAID IF
THE LAW PASSES -- THE
NUMBER JURY TRIALS
WILL LIKELY INCREASE.
WHICH I THINK IS A
GOOD THING. I THINK
WE WANT TO HAVE
JURY TRIALS. WE WANT
TOHAVE CITIZENS
PARTICIPATE IN THAT.
AND WE WANT TO HAVE
A JURY OF YOUR PEERS
DETERMINE YOUR GUILT
OR INNOCENCE
WITHOUT YOUR BEING
AFRAID OF WHAT THE
POTENTIAL SENTENCE
MAY BE.
WHEN IT COMES TO
CRIMINAL JUSTICE
REFORM --
BROCCOLETTI SAYS IT'S
ABOUT TIME.
I THINK IT'S BEEN LONG
OVERDUE. I THINK WE
HAVE TO REFLECT
WHAT THE TIMES ARE. I
THINK WE AS A SOCIETY
AND AS A COMMUNITY, I
THINK WE HAVE TO
EVOLVE AS
EVERYTHING ELSE
EVOLVES.
REPORTING IN
PORTSMOUTH I'M KAYLA
GASKINS TEN ON YOUR
SIDE.
