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The Jodi Arias Trial--Fatal Attraction – The Murder of Travis Alexander
(05-15-2013, 10:38 PM)HairOfTheDog Wrote: And Lastly:
The jury deliberates for a third time to determine whether Arias should be sentenced to life or death. Their decision must be unanimous. In the case of a deadlock, a mistrial would be granted and a new jury would be chosen for this phase only.

Ref: HLN

Here's the Arizona Revised Statutes Title 13 Criminal Code - Section 13-752

G. At the penalty phase, the defendant and the state may present any evidence that is relevant to the determination of whether there is mitigation that is sufficiently substantial to call for leniency. In order for the trier of fact to make this determination, the state may present any evidence that demonstrates that the defendant should not be shown leniency.

H. The trier of fact shall determine unanimously whether death is the appropriate sentence. If the trier of fact is a jury and the jury unanimously determines that the death penalty is not appropriate, the court shall determine whether to impose a sentence of life or natural life.

K. At the penalty phase, if the trier of fact is a jury and the jury is unable to reach a verdict, the court shall dismiss the jury and shall impanel a new jury. The new jury shall not retry the issue of the defendant’s guilt or the issue regarding any of the aggravating circumstances that the first jury found by unanimous verdict to be proved or not proved. If the new jury is unable to reach a unanimous verdict, the court shall impose a sentence of life or natural life on the defendant.


It takes only one juror to void the first jury and allow a replacement jury to be installed.

One.
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Messages In This Thread
RE: The Jodi Arias Trial--Fatal Attraction – The Murder of Travis Alexander - by BlueTiki - 05-16-2013, 12:25 AM
Jodi Arias is going to . . . . - by Carsman - 08-04-2014, 09:55 PM