[speaker001:] okay I guess we're on the air now
[speaker002:] right
[speaker001:] uh I haven't had too much experience with uh judges and jurors I've uh served on a jury one time and uh I think one of my concerns after that experience was uh finding that there tend to be people in the jury that can't bring themselves to sentence someone
[speaker002:] yes I I have my primary experience has been as uh an expert witness and and uh and two murder trials
[speaker001:] um
[speaker002:] and uh in each case it was a retrial and the sentencing was the same each time which happened in the state of Florida happened to be uh death but in terms of I well the question also was in terms of mandatory sentencing or mandatory sentences for uh certain crimes I think depending on uh in certain crimes I think that they should be mandatory for example uh armed robbery uh if we have convicted I think uh plea bargaining should should be uh a thing of the past um certain types of uh you know homicides
[speaker001:] yeah I'm inclined to agree you do need a uh fixed and clear sentence there
[speaker002:] yes in in homicides related to other than I guess what are called uh crimes of passion uh for example you know as you as you very well know the great majority of homicides are people murdering other people they know mostly people they know
[speaker001:] yeah
[speaker002:] so in those instances uh that's uh I think that there is some leeway there what was is interesting in this regard is the recent case in New Hampshire
[speaker001:] yes
[speaker002:] uh the schoolteacher
[speaker001:] um-hum
[speaker002:] and the life sentence uh she received
[speaker001:] yeah I think that was a logical decision there
[speaker002:] yes and it came very quickly surprisingly
[speaker001:] um-hum
[speaker002:] uh I guess it was uh they brought in their verdict and sentence at the same time did they not
[speaker001:] well well yeah I think they went back for a brief hearing on the sentence
[speaker002:] um-hum
[speaker001:] uh but that was that was fairly quick I think that is something that we need in this country I know the last time I was down in the Caribbean uh we had visited the island of uh Saint Thomas which is American and there were twenty three unsolved murders and nobody seem to be concerned about it
[speaker002:] um
[speaker001:] at the same time there was one unsolved murder on the island of Tortola and the whole island wanted to know when the hanging was going to take place
[speaker002:] well in answer to you know answer to the question though I still think the sentencing should be in the hands of the jury even though as you say there are some uh people who are reluctant I do not think again in the matter of uh uh that that judges should have the uh the upper hand or the only hand in that sense because I think if but I I've never served on a jury you probably know this better than I um if the jury does their job and of course there are those on the jury that do not I'm sure but and ask the questions and uh correctly and then one of things I've always wondered is uh the ability of jurors to to ask questions
[speaker001:] I've never uh really been sure that a juror is entitled to ask a question
[speaker002:] well that that that and that's an interesting point I've never I you know I've thought about it I've asked myself you know this question before I've never taken the time to do the research to answer my own question but I know that at least during the deliberations of the jury
[speaker001:] um-hum
[speaker002:] they can ask questions
[speaker001:] yes I don't know whether they can go back and call witnesses for that though it's it depends on the the transcript they can ask uh points of order of law
[speaker002:] um-hum
[speaker001:] and maybe they can ask for a review of the transcript
[speaker002:] right
[speaker001:] uh but uh asking questions during the trial my experience as a juror uh well it was a traffic situation uh there were three points of law that had to be made and the County Attorney did not make the points
[speaker002:] um-hum
[speaker001:] but the uh defendant took the stand on his own behalf unfortunately he made the points himself in his own testimony
[speaker002:] um-hum may I ask you a question
[speaker001:] um-hum
[speaker002:] why does your voice sound familiar to me
[speaker001:] um I work for E Systems
[speaker002:] that's that's probably why it does I work for GTE
[speaker001:] okay
[speaker002:] your your voice you know when uh I didn't recognize the name but the more I listen to your voice I uh I know I have heard it somewhere and I was trying to place where I had heard it that's very interesting but now back to the topic
[speaker001:] okay
[speaker002:] but uh because I work for uh Hal Ammon
[speaker001:] oh I know Hal Ammon quite well
[speaker002:] yes I am on staff to Hal Ammon to GTE
[speaker001:] okay
[speaker002:] so
[speaker001:] well say hi to Al or Hal the next time you see him
[speaker002:] I I will and which will probably be the uh Monday as a matter of fact
[speaker001:] and tell yeah well tell him that Bill Mayhood sell hi said hi
[speaker002:] okay Bill I recognize the name now I and uh my name is Jim Moscow
[speaker001:] okay
[speaker002:] and uh so I've heard the name and uh well back to the topic I guess we've talked long enough Bill
[speaker001:] all right
[speaker002:] but uh all right well thank you for calling and nice and have a good weekend
[speaker001:] thank you good night
[speaker002:] good-bye