I found this article which discusses the sentencing phases.
Interesting points on mitigation:
"Mitigating factors under Colorado law that could be included in this case are:
The defendant's capacity to appreciate wrongfulness of the defendant's conduct or to conform the defendant's conduct to the requirements of law was significantly impaired, but not so impaired as to constitute a defense to prosecution
The defendant was under unusual and substantial duress, although not such duress as to constitute a defense to prosecution; or
The emotional state of the defendant at the time the crime was committed
The absence of any significant prior conviction
The extent of the defendant's cooperation with law enforcement officers or agencies and with the office of the prosecuting district attorney
The good faith, although mistaken, belief by the defendant that circumstances existed which constituted a moral justification for the defendant's conduct
The defendant is not a continuing threat to society
Any other evidence which in the court's opinion bears on the question of mitigation.
After hearing those presentations, the jury needs to deliberate again to decide if the mitigating factors outweigh the aggravating factors. If they do not, the case will move to the third phase.
In that third and final phase, the jury will be asked to judge the defendant's character against his crime. They need to decide if the prosecution has proven beyond a reasonable doubt if the death penalty is the appropriate penalty.
If at any point in the process the jury decides not to move to the next phase, the gunman would be sentenced to life imprisonment without the possibility of parole. Also, the vote must be unanimous to deliver a death sentence.
All of the 12 jurors and seven alternates will continue to be in court for the next phase."
http://www.thedenverchannel.com/new...se-begins-for-convicted-murderer-james-holmes
Sent from my iPhone using Tapatalk