Tag Archives: penalty

Arias Death Penalty Stands

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Today Judge Stephens denied the motion to toss the Death Penalty in the Arias murder case. Remember the defense had a problem with the language ‘especially cruel?’ Well, it didn’t work. We are now waiting on the August 26th hearing to set a start date for the penalty phase of the trial. Arias has already been convicted of first degree murder in the brutal killing of Travis Alexander. That jury was unable to reach a verdict on her penalty. In the following link (article from Arizona paper) they mention the judge wants to begin the Penalty Phase in September. I hope she sticks to it!

Link: http://www.azcentral.com/community/mesa/articles/20130814mesa-jodi-arias-judge-denies-motion-vacate-death-option.html

Thanks to @WitchyTweets (on twitter) for the heads up and the link!

Why Jodi Wants Death

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For the longest time I thought that Jodi was asking for the Death Penalty to try to trick the Jury into giving her Life in Prison. You know- the old ‘reverse psychology’ trick. I thought- yeah, they hate her so much and she absolutely doesn’t want to spend the rest of her life in a cage (you know she’s so young, doesn’t smoke and her family has a history of longevity- though her Dad has cancer…) oh, and let’s not forget poor granny in the wheelchair almost comatose during the trial (but  a spry old fox when filmed leaving the jail after seeing Jodi- at one point she looks like she is talking on a cell phone and jumps over a curb. And doesn’t even look down. You know even when I was young if I had to jump a curb I looked down at it as I jumped. Please go to you tube and check this out!) But I digress…I have now changed my mind about the reverse psychology and here’s why:

She wants to ‘win.’ She has asked for Death, believes they are going to give her Death, but she asked for it so she wins! She will appear to be happy with the decision thus taking the victory away from the public. She got what she wanted! And as an added bonus she can continue to play the martyr. Because well, you know she is a ‘survivor’ of domestic abuse. I was abused/stalked and got a restraining order and went into hiding. There is NO WAY on this Earth that I would drive 1/100th of a mile to see my abuser, much less 1000 miles!  NO FREAKING WAY!!!!!

What’s Next For Jodi?

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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:

  • Remorse;
  • 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/

 

 

What’s Next For Jodi? (Assuming she’s convicted)

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Next- The Penalty Phase

Aggravating Circumstances

Facts that make a crime worse or more serious by such circumstances as the facts of the crime, the defendant’s prior criminal record, etc. Some aggravating circumstances are very specific, e.g., the murder of more than one victim. Other aggravators are broad, e.g., the murder was committed in a heinous, cruel or atrocious manner.           

Mitigating Circumstances

Facts that do not justify or excuse an act or offense, but may reduce the degree of moral culpability, and thereby reduce the penalty. Examples include mental impairments, deprived background, etc.

Victim Impact Statements

Statements read into the record, or presented through testimony of witnesses, during sentencing to inform the jury of the financial, physical, and psychological impact of the crime on the victim and the victim’s family.

Then-The Sentencing Phase:

Jury Sentence Recommendations

The jury considers the aggravating and mitigating circumstances surrounding the crime and the defendant and returns with a recommended sentence. In a death penalty case, the jury chooses between a death sentence and a lesser sentence of life without parole, life, or a term of years.

Judge Sentencing

After considering the jury recommendation, the court formally pronounces punishment on the defendant. In some states, the judge must follow the jury recommendation. In other states, a judge may sentence without a jury, or override a jury’s recommendation.

From: Michigan State University and Death Penalty Information Center, 2000 Stages in a Capital Case.