Colorado
doesn't even have a "death row." Inmates sentenced to death are housed in maximum security administrative facilities at a cost of $102.88 a day, which is much higher than the cost of housing other inmates.
A rare death penalty eligible trial is currently underway in Denver. Juries are
currently deliberating in the guilt phase.
Original Post:
The jury in the Aurora theater shooting trial of James Holmes has reached a verdict on his sentence -- life or death. It will be announced at 5pm MDT and televised.
The jury deliberated 6.5 hours over two days in this last of of three phases of deliberation. The first two deliberations involved legal issues. The third essentially calls on the jury to make a moral decision as to whether life in prison without parole or death is the appropriate sentence.
A death verdict must be unanimous. [More...]
From the Court's proposed draft instructions for Phase 3, available here:
No juror may make a decision for the death penalty unless the juror is convinced beyond a reasonable doubt that death is the appropriate sentence. Further, if all of the jurors are not unanimously convinced beyond a reasonable doubt that death is the appropriate sentence, the defendant will be sentenced to life imprisonment without the possibility of parole.
The jury found Holmes guilty of 24 counts of first degree murder. They then deliberated in Phase 1 and found that the prosecution proved four aggravating factors beyond a reasonable doubt for each of the 24 counts.
Phase 2 of the deliberations ended on August 3 when they found beyond a reasonable doubt that the mitigating factors that exist do not outweigh the proven statutory aggravating factors with respect to each of the 24 counts.
On August 4, they began deliberations in the third and final stage. The jury was instructed that their verdicts in the first and second phase did not compel them to reach a death verdict.
A death sentence is still never mandatory or required by law.
.... Each of you must make an individual reasoned moral judgment. The exercise of your individual reasoned moral judgment must be based on the evidence and information presented during
the trial and the sentencing hearing.
Each juror may consider mercy for the defendant, but mercy must be based on the evidence and information presented during the trial and the sentencing hearing. Each of the jury's final sentencing verdicts must reflect a profoundly reasoned moral response to the defendant's background, character, history, and crimes.
There is no burden of proof in Phase 3 and the jury was instructed Holmes did not have to present any evidence. But the standard of beyond a reasonable doubt still applies:
A juror may not determine that a death sentence is appropriate unless he or she is convinced beyond a reasonable doubt that death is
the appropriate sentence.
Thus, in Phase 3, the use of the term "beyond a
reasonable doubt" refers to the level of moral certainty that an individual juror is required to have before he or she may decide, based on his or her individual reasoned moral judgment, that death is the appropriate sentence.
Reasonable doubt is defined as:
Reasonable doubt means a doubt based upon reason and common sense, which arises from a fair and rational consideration of: (1) the evidence presented in the trial and the sentencing hearing; (2) the lack of evidence presented in the trial and the sentencing hearing; or (3) any other information presented in the sentencing hearing that the Court instructs you may be considered. It is a doubt which is not a vague, speculative or imaginary doubt, but such a doubt as would cause reasonable people to hesitate to act in matters of importance to themselves.
Phase 3 is where the victim impact evidence came in. The draft instructions say:
The Court instructs you that you must not be swayed by emotion. Remember that your final sentencing verdicts must not be influenced by prejudice, bias, passion, sentiment, conjecture, public opinion or feeling, or any other irrational or arbitrary emotional response. Rather, each of you must make a reasoned moral determination as to the appropriate sentence on each count.
In another Phase 3 instruction the jury is told:
In reaching your final sentencing verdicts, you must treat the defendant as a uniquely individual human being. Further, you must not be influenced by prejudice or bias of any sort against the defendant or the prosecution, and you must not consider any public opinion or community sentiment for or against the defendant or the prosecution. Your decisions in Phase 3 of the sentencing hearing may not be the result of mere prejudice, bias, passion, sentiment, conjecture, public opinion or feeling, or any other irrational or arbitrary emotional response. Rather, each of your final sentencing verdicts must reflect your individual reasoned moral determination.
All of the court's instructions in the sentencing phase are available at no charge through the court's website here.
