----------
Hi, I know the jury decides the penalty. I am pretty sure the Judge can change if he/she wants to but usually they dont. :seeya:
My understanding is it's the judge in AZ.
'In 1973, following the U.S. Supreme Court decision in Furman v. Georgia, the Arizona State Legislature enacted A.R.S. § 13–454, setting forth the state's procedures for death penalty cases.
The statute provided for a separate sentencing hearing to be held before the trial court, rather than a jury, and enumerated six aggravating circumstances that could be considered in deciding whether to impose a death sentence. Between 1978 and 1993, the Legislature codified four additional aggravating circumstances.'
[ame="http://en.wikipedia.org/wiki/Capital_punishment_in_Arizona"]Capital punishment in Arizona - Wikipedia, the free encyclopedia[/ame]
I also found this so I'm confused??
Sentencing Phase
Prior to August, 2002, sentencing was handled entirely by the trial judge without jury input. The
prosecutor presented evidence regarding statutory aggravating circumstances and the defense presented
evidence of mitigating circumstances. (The prosecutor could also present evidence of mitigation.) The
trial court was also permitted to consider “victim impact” evidence. At the conclusion of the evidence,
the trial judge issued a Special Verdict, detailing findings regarding aggravating and mitigating
circumstances, and setting forth the sentence to be imposed.
With the enactment of Arizona’s new death penalty statute, the sentencing process now has two phases.
In the first phase, the prosecutor presents evidence relating to aggravating circumstances. If the jury
determines that the State has not established at least one statutory aggravating circumstance, the
defendant is no longer subject to the death penalty. The jury is dismissed and the trial judge decides the
appropriate sentence. If the jury finds that there is at least one aggravating circumstance, the jury
remains empaneled and considers any mitigating evidence presented by the defense or by the State, as
well as victim impact evidence. The jurors then decide whether to impose a death sentence, assessing
whether the proffered mitigation is sufficiently substantial to warrant leniency.
https://www.azag.gov/sites/default/files/sites/all/docs/Criminal/ccc/Final-CapPun.pdf
