
Originally Posted by
*crickets*
Good article, thanks.
A little more about the process: The mitigation phase comes after the aggravation phase. This is where both sides present evidence of mitigating factors for the jury to consider in deciding whether to impose the DP. "The state may present any evidence that demonstrates the defendant should not be given leniency, including any evidence regarding the defendant's character, propensities or other acts." (AZ criminal code, Title 13.) That should be interesting!
Both sides will have a chance to rebut, then the jury will deliberate as to whether the DP is appropriate or not. Their decision must be unanimous either way. If they are unable to reach a unanimous decision they will be dismissed and a new jury will be impaneled to deliberate on the DP only, not guilt or innocence. If that jury is unable to reach a unanimous decision the court will impose a sentence of natural life (LWOP.)