The date of the sentencing hearing is February 11. The date the sentence is handed down is February 17. However, everyone from Jack, Claire, the defense, and even the jury forewoman is wearing the exact same clothes, right down to the jewelry, from six days previously. It's clear both scenes were shot the same day, then just had different dates added in. In addition, it states that February 17 is a Monday. That would make it President's Day, a Federal holiday, and court would not be in session.
This episode makes it sound like whether or not someone gets the death penalty is solely up to the District Attorney. In actuality, there are three main hurdles that must be overcome for a defendant who has been convicted of a capital crime to be sentenced to death. The first one being whether or not the DA's office decides to seek the death penalty. If they do, the next hurdle lies with the jury. When dealing with a capital crime, after finding the defendant guilty, if the prosecution allows them to seek the death penalty, a vote is put before the jury. In order for the capital case to go forward, the jury must unanimously vote for the defendant to receive the death penalty. If even a single juror votes against, then the capital case dies then and there. However, if there is a unanimous vote from the jury in favor of the death penalty, the third major hurdle is the judge who presided over the murder trial. It is up to the judge to review case law and the state's capital punishment statute and determine if the death penalty is indeed warranted in this case and render a verdict. Though these are just the first major hurdles that must be overcome, the judge in this example is not the one who gets the final say on whether or not the defendant is executed. Whenever the death penalty is handed down to a defendant, his or her case is automatically appealed and has to go through the whole process all over again to make absolutely certain that the defendant is indeed guilty of the crime and that the death penalty is indeed warranted. If the second trial finds the defendant guilty and once again sentences them to death, they still have the option of appealing the case a third time and even a fourth time. This is why it is far more expensive to execute someone than it is to imprison them for life. Death penalty cases are appealed multiple times and multiple trials cost the state an exorbitant amount of money.