|
Five Possible Verdicts
Not guilty
If the jury decides the prosecution didn't prove its case, and they return with a not guilty verdict, Arias will be a free woman. She could then resume her dreams of becoming a professional photographer and starting a family.
Hung jury
There’s also a possibility the jury will not be able to reach a unanimous decision, in which case there would be what is called a hung jury. If the judge declares a mistrial because of a hung jury, Arias could face a retrial.
However, if jurors think Arias is guilty, they will have more decisions to make.
First-degree murder
The jurors have two paths they can take to reach a first-degree murder conviction.
They can unanimously decide Arias is guilty of premeditating Alexander's murder. Arizona defines first-degree murder as when someone plans or premeditates killing another person and carries out their plan.
The jury can also convict Arias of first-degree murder with the legal theory called felony murder. If they find Arias caused Alexander's death during the course of committing a dangerous felony such as burglary, they can also convict her of first-degree murder.
In order to find Arias guilty of first-degree murder, the jury must unanimously agree that the prosecution has proven first-degree murder, but they all don't have to agree on which first-degree murder legal theory was proven -- classic premeditated first-degree murder or felony murder. Therefore, the jurors have two paths to first-degree murder.
If Arias is convicted of first-degree murder, the case then moves to the aggravation phase, which will be like a miniature trial.
The prosecution will have a chance to present additional evidence in an attempt to prove Alexander’s death was caused in a cruel manner. Arizona law defines cruel manner as when the victim suffers physical pain or mental anguish and the defendant knew or should have known that the victim would suffer.
The jury would then deliberate for a second time to determine if the aggravating factor of cruelty is proven beyond a reasonable doubt.
If the jury does not find her guilty of cruelty, the case ends and the judge sets a sentencing date within 30 to 60 days. At the sentencing, the judge decides whether to sentence Arias to life in prison without parole or life with parole eligibility after 25 years.
But if the jury decides cruelty is proven beyond a reasonable doubt, the case moves to the sentencing phase.
This is the defense’s opportunity to ask the jury for leniency and present evidence to support why Arias should be spared the death penalty. Witnesses may include Arias’ friends and family. Arias could also make a statement to the jury pleading for her life to be spared.
The jury then 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.
If the jury votes for the death penalty, Arias would be sentenced immediately, and she is likely to be sent to death row within hours.
If the jury chooses a life sentence instead, the judge will set a sentencing date within 30 to 60 days. At that time, the judge will sentence Arias to life in prison without parole or life with eligibility for parole after 25 years.
Second-degree murder
If the jury rejects first-degree murder, but finds her guilty of the lesser charge of second-degree murder, the judge will sentence Arias to no less than 10 years and no more than 22 years in prison.
Arizona law defines second-degree murder in two different ways that apply to this case.
Second-degree murder is when a person intentionally or knowingly causes the death of another person without premeditation.
In the alternative, second-degree murder is also defined as when the defendant shows extreme indifference to human life, and recklessly engages in conduct that creates a grave risk of death, and causes the death of another person.
Manslaughter
If the jury rejects first-degree murder and second-degree murder, but finds Arias guilty of the lesser charge of manslaughter, the judge will sentence her to no less than seven years and no more than 21 years in prison.
Arizona law allows the jury to reach a manslaughter verdict in multiple ways. Here's what applies to Arias' case:
In Arizona, if someone intentionally or knowingly kills a person without premeditation, the defendant could be charged with the crime of second-degree murder. However, if the jury believes the victim attacked the defendant, and if it was enough to incite the defendant's actions, then the intentional killing would fall under the lesser crime of manslaughter.
Don't confuse manslaughter with self-defense. If the jury believes Arias' self-defense claim, and her actions were reasonable under the circumstances, then they could acquit her.
If Arias is sentenced to jail time, she will receive credit for the four-and-a-half years she has been incarcerated awaiting trial.
_________________  Do not go gentle into that good night.___________ Rage, rage against the dying of the light
|
Login
FAQ
