It isn’t though, that’s my point. If a juror opposes the death penalty, there is still absolutely no reason to hang the jury in the guilt phase.
That’s because all they have to do is reject the death penalty in the penalty phase. Both have to be unanimous in Colorado.
Regardless, I can’t imagine the death penalty being put on the table here. It has no teeth anyways.
This ain’t Texas.
Logically you are correct, of course, @MassGuy. But that may not be the way things shake out.
A juror who was initially "death-qualified" may discover during the guilt phase he/she has qualms about the DP that he/she honestly didn't know were there. And if that happens, the bar for conviction for that one juror may change (even at an unconscious level) well before the penalty phase. After all, there isn't an objective and immutable definition of "reasonable doubt."
Of course, in general, it's said death-qualified jurors are more "law and order" types and are more likely to convict. But since the verdict in the guilt phase isn't a "majority rule" (in 49/50 states, that is) Argument preview: Court to consider whether right to unanimous jury verdict applies to state criminal trials - SCOTUSblog
one juror's qualms about the DP could derail a conviction. We do tend to have illogical ways to deal with the anxiety cognitive dissonance may cause!
Since CO won't carry out the DP, it seems risky to me to ask for it. I think it would also make certain aspects of the trial more expensive.
JMO