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Tennessee Code Title 39. Criminal Offenses § 39-13-205

Current as of January 02, 2024 | Updated by Findlaw Staff

<Amendment made by 2022 Pub.Acts, c. 1062 effective on the thirtieth day after issuance of a judgment overruling, in whole or in part, Kennedy v. Louisiana, 554 U.S. 407 (2008), thereby allowing the use of the death penalty as punishment for an offense involving the infliction of severe physical and mental pain and suffering upon the victim with the intent to perpetrate first degree murder that does not result in the death of the victim, or on the thirtieth day after the adoption of an amendment to the United States Constitution approving the use of the death penalty as punishment for the conviction of an offense involving the infliction of severe physical and mental pain and suffering upon the victim with the intent to perpetrate first degree murder that does not result in the death of the victim.>

(a) In trials of first degree murder or grave torture, the defendant, with the advice of the defendant's attorney and the consent of the court and district attorney general, may waive the right to a jury to determine guilt, in which case the trial judge shall determine guilt; provided, that such waiver will not affect the defendant's right to a jury to determine punishment, if the defendant is found guilty of first degree murder or grave torture.

(b) After a verdict of first degree murder or grave torture is found, the defendant, with the advice of the defendant's attorney and the consent of the court and the district attorney general, may waive the right to have a jury determine punishment, in which case the trial judge shall determine punishment as provided by this part.

(c) Reference to a jury in § 39-13-204 shall apply to a judge if the jury is waived.

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Cite this article: FindLaw.com - Tennessee Code Title 39. Criminal Offenses § 39-13-205 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-39-criminal-offenses/tn-code-sect-39-13-205/

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