I am going to post this again for those who did not see it on the last thread
This is whats going to happen next
Prior to August, 2002, sentencing was handled entirely by the trial judge without jury input. The
prosecutor presented evidence regarding statutory aggravating circumstances and the defense presented
evidence of mitigating circumstances. (The prosecutor could also present evidence of mitigation.) The
trial court was also permitted to consider “victim impact” evidence. At the conclusion of the evidence,
the trial judge issued a Special Verdict, detailing findings regarding aggravating and mitigating
circumstances, and setting forth the sentence to be imposed.With the enactment of Arizona’s new death penalty statute, the sentencing process now has two phases.
In the first phase, the prosecutor presents evidence relating to aggravating circumstances. If the jury
determines that the State has not established at least one statutory aggravating circumstance, the
defendant is no longer subject to the death penalty. The jury is dismissed and the trial judge decides the
appropriate sentence. If the jury finds that there is at least one aggravating circumstance, the jury
remains empaneled and considers any mitigating evidence presented by the defense or by the State, as
well as victim impact evidence. The jurors then decide whether to impose a death sentence, assessing
whether the proffered mitigation is sufficiently substantial to warrant leniency.
