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I was on a jury in Texas in 2019 and we were tasked with both.
First part: Based on the facts you have been presented, do you think defendant did X?
If yes
Second part: You have determined that defendant did X. Now determine the punishment
That second part was by far the more difficult of the two
The judge gets to decide the sentence here.
The judge that Trump has insulted & threatened for the past 7 weeks.
I know. The original post sounded pretty universal so I was giving an example of how some states do it differently.
What was the process like of determining the punishment? I didn't know that was a potential duty that juries could be tasked with.
There's kinda like a second trial where they have friends and family of the defendant and victim come and tell you what s great guy he is or how much they miss the victim etc.
Then the judge lays out the range of possible punishments, including when parole might be available. We're not allowed to consider when parole might be available though.
Then we all go into the deliberation room and duke it out. When we were done, we go back into the court room and hand the judge the punishment which he then read as sentencing.
The punishment range given us was anything from two to ninety nine years or life, so basically, "do what you want you crazy jurors".