I think that was already asked and answered in the legal thread. If I understood correctly, the Prosecution can punt this to the judge instead of retrying the penalty phase. In that case, the judge can sentence her to LWOP but not the DP. Tecnhically, I think LWP is an option but one with no teeth because the Arizona legislature removed it from sentencing options in the 1990's. So, if the DT takes 'do overs', they have a shot at the DP or LWOP or the 'not really' LWP from the new jury. If they punt to the judge it's LWOP or the 'not really' LWP. No matter how it plays out, she spends her natural life in the pokey and never sees the light of a normal, free day again. And I'm okay with that.
Thank you for posting this! :yourock: I have the same "TAKE" on the situation as it stands NOW. I asked the following two questions on the legal thread and AZLawyer has answered:
Originally Posted by dani
Just to be clear, when you state, "Jodi was "grandfathered in" to the old statute", does this mean:
1. If PAROLE is EVER reinstituted in Arizona, Jodi would not be eligible for parole.
2. And to be even MORE clear
Jodi Ann Arias is totally screwed and will NEVER leave Perryville prison unless it is in a pine box (or body bag or whatever is in vogue at the moment) no matter what happens in the courtroom from here on out.
Can you give me your answers as TRUE or FALSE, please?
Thank you so much!
1. False.
By "grandfathered in," I mean that she is eligible for a sentence of "25-to-life" as well as sentences of natural life or death (the current options). If she does get that sentence, AND PAROLE IS REINSTITUTED IN ARIZONA sometime in the future, and 25 years pass, then she WOULD be eligible for parole. If she gets that sentence, and 25 years pass but parole is still abolished in Arizona, then IMO she will not be eligible for parole.
2. False but only technically.
First, as explained above, she could get a sentence of 25-to-life and then the AZ Legislature could reinstate parole and then she could actually be granted parole. Three hurdles, none of which IMO are likely to happen.
Second, there are other possible "outs"--reversal on appeal followed by a lower sentence being imposed or a prison escape come to mind. Also highly unlikely.
So IMO I would bet large amounts of money on her being in prison for the remainder of her natural life.