Actually, the penalty phase encompasses aggravation and mitigation. We are in the penalty phase right now.
You are correct. After the Guilt Phase of the trials there is the Penalty phase....
1. Guilt Phase of the Trial
2. Penalty Phase Trial
Aggravating Circumstances
Facts that make a crime worse or more serious by such circumstances as the facts of the crime, the defendants prior criminal record, etc. Some aggravating circumstances are very specific, e.g., the murder of more than one victim. Other aggravators are broad, e.g., the murder was committed in a heinous, cruel or atrocious manner.
Mitigating Circumstances
Facts that do not justify or excuse an act or offense, but may reduce the degree of moral culpability, and thereby reduce the penalty. Examples include mental impairments, deprived background, etc.
Victim Impact Statements
Statements read into the record, or presented through testimony of witnesses, during sentencing to inform the jury of the financial, physical, and psychological impact of the crime on the victim and the victim's family.
Jury Sentence Recommendations
The jury considers the aggravating and mitigating circumstances surrounding the crime and the defendant and returns with a recommended sentence. In a death penalty case, the jury chooses between a death sentence and a lesser sentence of life witho ut parole, life, or a term of years.
Judge Sentencing
After considering the jury recommendation, the court formally pronounces punishment on the defendant. In some states, the judge must follow the jury recommendation. In other states, a judge may sentence without a jury, or override a jurys recommendation.
http://deathpenaltycurriculum.org/student/c/about/stages/stages.PDF