Ok, I keep hearing what posters think the jury will decide as to the DP, but I thought that the judge makes that decision after a second "trial" (held if defendent found guilty of 1st degree murder only) is held. Am I wrong? It is very possible that I am, just trying to clarify it for myself. I thought that the jury only made judgment in the guilt phase of the trial process.
From what I have read, in Arizona, 1st degree murder in this case would need premeditation. The premeditation would be ANY amount of time, long or short, that would allow for ANY amount of reflection before the commission of the crime.
Then there are 10 factors that would qualify a case for the DP, and only ONE is needed. IMO, the factor that they are using is that the crime was committed in "an especially heinous, cruel, or depraved manner."
So, if premeditation is determined, then 1st degree murder verdict from jury. If 1st degree murder verdict, then the aggravation and mitigation hearing with the judge only, and where victims impact testimony is allowed. If judge finds crime committed in an especially heinous, cruel, or depraved manner, then the DP is quite possible from the judge.
Please correct my errors, as my limited research might have been completely outdated or something. TIA.