Pop Quiz: 4 Counts of Sexual Assault of a Child.

Jury needs to determine punishment. What prevents me to argue to the jury in punishment closing for them to have the option to give a little bit of prison time on atleast one count and 10 years probation on the other counts?

I can't find anything that prevents me? Help!

We have argued that in several cases, successfully. The combination of some prison time, followed by supervision through local probation is a great sentencing tool. You get the necessary confinement/punishment for a serious and dangerous crime and then the ability to have some local control and supervision upon release. For offices that don't believe that parole supervision is sufficient, this is a good split-sentencing choice.

And, remember that the judge has the discretion to stack those sentences, perhaps providing a longer period of confinement. But, the total period of initial time on probation can't be more than 10 years.

Thanks JB for the response. I have asked around and it seems like this can be done. I think it would be a great tool to advocate anywhere from 2 to 5 years in prison and then have him supervised for up to the 10 year probation period. I don't know why more prosecutors don't do this? It makes for a great compromise with 12 people.

Thank you!!! That is a great idea. I never thought of that option.

Is this a Romeo/Juliet situation outside the defensible age difference? I noticed that it was 4 counts.......

The reason I am asking is that I have perceived a bit of hesitation on the part of prosecutors to try these cases, for fear of jury nullification. In fact, I have found, after speaking with jurors, that unless there was some type of fraudulent activity on the part of the child, they would be happy to affirm the phrase "16 will get you 20". If a child is 14 or 15, the chance of real prison time increases, especially with a defendant 6 or more years the child's senior. [In heterosexual cases where the child is a male, and the victim of an older female, juries are all over the map.]

My observations are all anecdotal. I guess I am just curious regarding the treatment of "consensual sex offenders" in various jurisdictions.

[I have had to edit this message twice to remove callous references to what I believe SHOULD happen to these offenders]

Four counts for four different dates of sexual intercourse.

My particular situation involved a 16 year old (innocent girl/not mature at all) nearing her 17th birthday. Gets involved with a married man in his late 30s. No priors.

I think a jury could very easily give a minimal amount of prison time and then give 10 years probation on the other counts.

It allows you to advocate for "punishment" and then say that the Defendant will be taught what will happen to him if he messes up in that 10 year period. It's advocating SHOCK PROBATION to a jury.