Back

Determining Punishments in a Texas Criminal Case | Houston

Dan Cogdell | 1002 Views | 08/26/2015

Determining Criminal Punishments

Punishment. Who decides punishment in a Texas state case, and what are the factors that are looked at? Hello. My name is Dan Cogdell. I’m a criminal defense lawyer here in Houston, and I want to talk to you today about punishment in a Texas state case. Who decides it and how? What are the factors that are looked at?

Texas is unique. It is one of the very few states in the country where it is the defendant’s choice, it’s the defendant’s election to be punished by, in the event of a guilty plea or a finding of guilty, to be punished by either the judge or the jury. You have to make that election as a defendant before jury selection begins.  But it is the defendant’s right and only the defendant’s right to determine who assesses punishment in a given case. The state in that particular situation doesn’t have a vote in deciding whether it’s going to be the judge deciding punishment or the jury deciding punishment.

Factors Considered by the Judge or Jury

I think there is a lot of similarity there. One of the first factors is, if the person has been found guilty, whether or not that person has accepted responsibility. In other words, has he admitted what he’s done was wrong?   I think it’s common sense that if a jury find someone guilty, they are going to want to hear from that defendant or someone that knows him or her, that the defendant is actually remorseful and is sorry for what they’ve done.

I think a second thing that both juries and a judge wants to look at is the likelihood of re-offending.  In other words, is that person, even though they’ve engaged in this conduct, are they likely to hurt or offend others in the future? I think naturally that’s an important consideration.

Did the Defendant Cause Injury?

A third thing that I think both judges and juries look at, is whether or not the defendant injured someone physically, harm them physically, or emotionally, or is just economic.  I think if the offense is simply economic, the defendant often times is in better position to get probation or a lighter sentence.

Look, to be blunt, there is a bunch of different factors that can affect punishment. Not just these three, but others. If you have questions about what’s admissible at a punishment hearing, what’s not admissible at a punishment hearing.  Whether or not it ought to be decided by a jury, or a judge, or what have you, call us. We’re happy to help and get you the right solutions. Thank you. My name is Dan Cogdell.

By: Dan Cogdell

 

Determining Punishments in a Texas Criminal Case | Houston

Determining Criminal Punishments

Punishment. Who decides punishment in a Texas state case, and what are the factors that are looked at? Hello. My name is Dan Cogdell. I’m a criminal defense lawyer here in Houston, and I want to talk to you today about punishment in a Texas state case. Who decides it and how? What are the factors that are looked at?

Texas is unique. It is one of the very few states in the country where it is the defendant’s choice, it’s the defendant’s election to be punished by, in the event of a guilty plea or a finding of guilty, to be punished by either the judge or the jury. You have to make that election as a defendant before jury selection begins.  But it is the defendant’s right and only the defendant’s right to determine who assesses punishment in a given case. The state in that particular situation doesn’t have a vote in deciding whether it’s going to be the judge deciding punishment or the jury deciding punishment.

Factors Considered by the Judge or Jury

I think there is a lot of similarity there. One of the first factors is, if the person has been found guilty, whether or not that person has accepted responsibility. In other words, has he admitted what he’s done was wrong?   I think it’s common sense that if a jury find someone guilty, they are going to want to hear from that defendant or someone that knows him or her, that the defendant is actually remorseful and is sorry for what they’ve done.

I think a second thing that both juries and a judge wants to look at is the likelihood of re-offending.  In other words, is that person, even though they’ve engaged in this conduct, are they likely to hurt or offend others in the future? I think naturally that’s an important consideration.

Did the Defendant Cause Injury?

A third thing that I think both judges and juries look at, is whether or not the defendant injured someone physically, harm them physically, or emotionally, or is just economic.  I think if the offense is simply economic, the defendant often times is in better position to get probation or a lighter sentence.

Look, to be blunt, there is a bunch of different factors that can affect punishment. Not just these three, but others. If you have questions about what’s admissible at a punishment hearing, what’s not admissible at a punishment hearing.  Whether or not it ought to be decided by a jury, or a judge, or what have you, call us. We’re happy to help and get you the right solutions. Thank you. My name is Dan Cogdell.

By: Dan Cogdell