Brini
Future Irene Adler
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- Aug 28, 2008
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Usually its just prison or you're free. If you succeed in a not guilty by reason of insanity defense, you can be committed to a mental institution for treatment. Different categories of murder have different sentences - if the defense can prove that the killing wasn't premeditated, the sentence is something like 25 years to life. If they argue it was an accident and manslaughter, its a little less.
From what we've heard, JB is going for the "she's 100% innocent, someone else did it" defense - he's going all or nothing, and I think KC is betting that she's going to walk free. If the jury finds her guilty, and at the sentencing hearing they sentence her to death, she's on death row while she appeals. If the jury sentences her to something less - murder 2, manslaughter, etc. - she'll go to jail for whatever time they sentence her to.
If you have a case where either the defendant confesses or its really clear that the defendant did it, usually the defense will try to plea bargain to both lessen the sentence, and sometimes, the prison the person will be incarcerated at. I've been working on some of the financial fraud cases, and for cases like Madoff and some of the CEOs, the evidence is so great they don't even bother with trial - they will negotiate with the prosecutors that they will direct the government to what offshore bank accounts money is hidden in in exchange for a life sentence in either a prison near Manhattan (so their family could visit) or some of the "kushier" prisons - like the one Martha Stewart went to (now she calls her prison stay her time at Yale).
That's a little O/T but its more in my area of practice. In reality, "common criminals" usually have little to offer the prosecution (unless they offer to turn on big fish), so they usually have less leeway.
From what I've read and heard, the State is not going to offer KC a deal, though. "Because she has nothing to bargain with."