Arizona's law requiring juries to determine death penalty sentences establishes the procedure jurors follow. After a guilty verdict, the jury returns for a separate sentencing trial in which:
• The prosecution presents evidence to prove beyond a reasonable doubt that aggravating factors exist that call for the death penalty.
• The defense may present evidence to rebut the state's evidence.
• After all of the evidence is presented, jurors will deliberate on the aggravating circumstances to determine if they were proved to exist beyond a reasonable doubt.
• If jurors unanimously reject the aggravators, the death penalty is no longer an option. The judge then determines whether to impose a sentence of life with the possibility of early release after not fewer than 25 years, or natural life (with no possibility of early release or commutation of the sentence.)
• If jurors are unable to reach a unanimous verdict on any of the aggravating circumstances and have not found that at least one of the factors has been proven, a new jury is impaneled.If the new jury is unable to reach a unanimous verdict as to any of the aggravators, the court shall impose a sentence of life with the possibility of parole or natural life.
• If jurors find the existence of at least one aggravating factor, the proceeding advances to the penalty phase. During this portion of the sentencing process, the state and defense may present testimony and evidence to try to show by a preponderance of the evidence that mitigating factors exist that are sufficiently substantial to call for leniency. The state will then have the chance to offer evidence in rebuttal. At the conclusion of this phase of the proceedings, the jury must decide if a death sentence will be imposed.
• If jurors unanimously decide there is mitigation sufficiently substantial to call for leniency, the death penalty will not be imposed. At that point, the judge decides on a life sentence with the possibility of parole, or a natural life sentence.
• If the jury is unable to make a unanimous decision, a new jury is impaneled to determine whether the death penalty should be imposed. If the new jury cannot reach a unanimous decision, the death penalty is no longer an option. The jury is dismissed and the judge determines the sentence, from a choice of life with the possibility of parole or natural life.
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© 2007
