of death, or the family of the victim requesting that the death penalty not be imposed. Additionally, the death penalty cannot be sought at all on a capital murder charge if the aggravating factor was a victim that was older than 10 but younger than 15. Trial phase When the prosecution seeks the death penalty, the sentence is decided by the jury. A death sentence must be unanimous, while a life sentence requires only 10 votes. In case of a hung jury during the penalty phase of the trial, a life sentence is issued—even if only a single juror opposed death (there is no retrial). Jurors in the sentencing phase are first asked to determine whether the defendant represents a “future danger to society.” Only after ruling that “there is a probability that the defendant would commit criminal acts of violence that would constitute a continuing threat to society,” will the jury choose the sentence itself, by deciding whether there is “sufficient mitigating circumstance or circumstances to warrant that a sentence of life imprisonment without parole rather than a death sentence be imposed” or not. Appeals The imposition of a death sentence in Texas results in an automatic direct appeal to the Texas Court of Criminal Appeals, the state's court of last resort for criminal cases (the intermediate Texas Courts of Appeals are bypassed). A person convicted of capital murder may also challenge their convictions or sentences via writs of habeas corpus at both the state and federal levels. Texas's appeal process has been criticized as too lengthy compared to other states, such as Virginia, by death penalty supporters. In 2016, the legal director for the Criminal Justice Legal Foundation, Kent Scheidegger, asserted: “In Texas, part of the problem is some cases go back for a second review to the trial court, and some trial courts just sit on them for years. That simply shouldn't be allowed.” Clemency In addition to seeking judicial review of the sentence, a defendant may also appeal to the Texas Board of Pardons and Paroles, a separate agency from the Texas Department of Criminal Justice (TDCJ), for commutation of the sentence to life in prison. The Board, after hearing testimony, decides whether or not to recommend commutation to the Governor of Texas. If the Board recommends commutation, the Governor can accept or reject the recommendation. However, if the board does not recommend commutation, the Governor