I gotcha and I agree. What I was really getting at was this. The State has charged her with first degree or aggravated murder and is pushing for the DP. As I understand it, the case will be decided in two phases, guilt, then punishment, correct? Is it possible that she be found guilty of the charges, but not receive the DP? If so, what would make the difference? Is it the jury who decide the penalty or are they only to determine guilt? If the former, what options would they have?
My apologies if these are silly questions, this is my first go round in closely following a case like this.
The punishment phase, also know as the penalty phase looks at additional evidence in support of the death penalty or in support of a life sentence.
So keeping in mind that I am a layperson and have no wish to impersonate a lawyer - and I fully expect AZLawyer or gitane to pop in and correct me, but reading from the Florida College of Advanced Studies re Conducting the Penalty Phase of a Capital Case......
State's Evidence in Support of the Death Penalty
-Aggravating Circumstances
-Prior Violent Felony and Under Sentence of Imprisonment, etc.
-Previous Conviction of Capital or Violent Felony
-Great Risk to Many Persons
-Felony Murder
-Avoiding Arrest or Escaping
-Pecuniary Gain
-Disrupt or Hinder Law Enforcement
-Heinous, Atrocious or Cruel (HAC)
-Cold Calculated and Premeditated
-Victim a Law Enforcement Officer
-Victim a Public Official
-Victim Less Than 12 Years of Age
-Victim Particularly Vulnerable Due to Age Etc.
-Defendant a Member of a Street Gang
-Capital Felony Committed By a Sexual Predator