So in considering charges, I have determined that the only effective difference between a determinate sentence on a first degree felony and a capital crime seems to be the parole eligibility rules and minimum length of stay at TJJD. Is there anyway to relay this information to the jury? I know generally parole eligibility is not subject to discussion with the jury. However, in this case it seems that it would be relevant. Anybody ever looked at this issue? Any guidance?
Its been a loooooong while since I tried a DS (in fact one of the capital cases I looked back on had a definition for reasonable doubt ) but there is a fairly good explanation of the parole terms in all mine. I did a quick check of case law and didn't find any challenges on that issue.
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