Tomorrow at 10:30 we will begin the Penalty phase. First up will be statements from Travis’ loved ones. They will be able to express how his loss has affected their lives. After that we have the mitigators. There are two types:
1. Statutory mitigators:
- The age of the Defendant;
- The Defendant’s capacity to appreciate the wrongfulness of their conduct or to conform the Defendant’s conduct to the requirements of law was significantly impaired, but not so impaired as a constitute a defense to prosecution;
- The Defendant was under unusual or substantial duress, although not such as to constitute a defense to prosecution;
- The degree of the Defendant’s participation in the crime was minor, although not so minor as to constitute a defense to prosecution; and
- Any other factor that the Court deems appropriate to the ends of justice.
2. Non-statutory mitigators:
- Love of family/concern for parents;
- Lack of criminal history;
- Employment history;
- Low intelligence;
- Prior military service;
- Disparity between sentences (as in between co-defendants); and
Prior sexual and/or emotional abuse.
The defendant will be able to bring on witnesses (I heard Alyce LaViolette may make an appearance) and she may also stand and address the jury herself.
Finally the jurors will deliberate for the last time on the Death Penalty or a Life Sentence.
I understand they can impanel a new jury if they are not agreed.
From: Arizona Mitigation- http://www.arizonamitigation.com/what-are-mitigating-factors/