Jodi Arias jury deadlocked but must keep deliberating

[Tx4obama]

03:18 PM ET EDT (AP)

PHOENIX — Jurors in the Jodi Arias murder trial told the judge Wednesday that they are unable to reach a unanimous verdict on whether the convicted murderer should be get life or death for killing her boyfriend, prompting the judge to send them back to the deliberation room to work through their differences.

The jury reported its impasse after only about two and a half hours of deliberations that began Tuesday afternoon.

"I do not wish or intend to force a verdict," Judge Sherry Stephens told the jurors before sending them back to continue their discussions. She instructed them to try to identify areas of agreement and disagreement as they work toward reaching a decision.

-snip-

http://www.huffingtonpost.com/2013/05/22/jodi-arias-interview_n_3318543.html

Live-blog: http://www.huffingtonpost.com/2013/05/22/jodi-arias-penalty-deliberations_n_3320132.html#blog

Live-blog: http://www.hlntv.com/article/2013/05/21/jodi-arias-trial-penalty-phase-arias-statement

[Drale]

1. Am I the only one who think jury's should not be responsible for punishment?

especially when life and death are the outcome? Sentencing should be a completely different court, with a panel of judges not connected to the first trial. Average people who make up jury's are not qualified or mentally ready to decided how someone should be punished.

[closeupready]

11. The US Supreme Court ruled specifically on this.

They ruled that juries had to make that judgment, NOT judges. That's how our system works.

I believe, interestingly, it was Ring v. Arizona.

[Mosby]

15. Ring vs Arizona (2002)

Put an end to judges deciding sentencing in death penalty cases.

The SCOTUS put the onus on juries.

[longship]

2. What happens if they cannot decide?

Arias has already been convicted. What are the judge's options on a deadlocked jury?

Wouldn't it have to be unanimous to go to the death penalty? And wouldn't failure of unanimity default to life without parole? Or to judge decides short of death?

[Mr. David]

4. Deadlocked? Then it should trigger an automatic LWOP sentence.

No questions asked.

[Tx4obama]

6. See comment #5

[LeftInTX]

7. The jury is death penalty seated

They are questioned about the death penalty during the selection. If they are absolute anti-death penalty, they don't make it.

[Chan790]

19. I have to be honest.

As an anti-DP activist who got summoned for jury duty before I became active in this arena, I was asked this question.

I was not honest. I'm not sure a lot of people who oppose capital punishment would be as it's a good way to prevent executions...get seated on a capital-case and then simply declare in the jury-room post-conviction that you don't feel there was sufficient evidence or grounds for a capital sentence.

[Tx4obama]

20. Earlier on HLN they were talking about a case in the past ...

... where they found out that the one jurors during deliberations said that they 'were against the death penalty' (for anyone) and the judge tossed that juror off the jury and replaced him/her. And then the verdict ended up unanimous for the death penalty.

[longship]

8. Nevermind. Post #5. Thanks for your reply.

[Tx4obama]

5. If the jury form comes back signed saying no unamimous decision, then...

... then the Judge will dismiss this jury and a brand NEW jury will be picked.

The verdict of 'guilty' and the verdict of 'aggravation found' will stand from the first jury.

The second jury will only decide the 'death or life' issue/phase.

If the second jury in the end cannot decide then it will fall to the judge to decide life in prison without parole or life in prison with possibility of parole after 25 years.

--------

Also...

If the jurors decide not to sentence Arias to death (a unanimous decision for 'life'), Stephens will either sentence her to life in prison without parole or life in prison with the eligibility for parole after 25 years.

http://www.hlntv.com/article/2013/05/21/jodi-arias-trial-penalty-phase-arias-statement

[Mr. David]

12. Stupid that they have to waste taxpayers dollars to pick another jury if the first one fails

to get what the DA wants.

The DA will never get the DP. He's going to have to live with LWOP.

[BainsBane]

25. Why a second jury?

A non-unanimous decision is a decision for life in the penalty phase. If they've already decided aggravating circumstances exist, I see no purpose for a second jury. The other poster is right. It will cost taxpayers a fortune to present all that evidence again to a second jury. Let the woman rot in jail for life and be done with it.

[Chan790]

16. In AZ, it means a new jury.

Edit: I see Tx4obama already answered this and had more info than me.

[Tx4obama]

17. See comment #5. If the 2nd jury is deadlocked then the Judge gets to decide. n/t

[Tx4obama]

18. Yeah, I've spent way toooooo much time watching every detail of this trial :) n/t

[Mr. David]

3. Can't make up your mind?

Colorado's Governor Hickenlooper just gave a murderer a temporary reprieve that does not end his sentence - rather slap it in the future.

The case is over 20 years old.

DENVER - Colorado Governor John Hickenlooper delayed the execution of convicted killer Wednesday, citing doubts about death penalty.

Sources tell 9NEWS that Hickenlooper is granting a "temporary reprieve" in the case, not clemency.

Under a reprieve, Dunlap could conceivably be executed some day. The reprieve will stay in place until Hickenlooper or another governor lifts it.

Arguably the most difficult decision of his political career, Hickenlooper's decision may earn him blowback as prosecutors are currently seeking the death penalty against James Holmes for the mass murder at an Aurora movie theater.

[Tx4obama]

9. Even if Jodi Arias receives the death penalty they say she will be on death row 20+ years...

before she would be executed.

[leftynyc]

13. If she takes advantage of all the appeals

open to her then yes, it will take 20 years. That's really entirely up to her. McVeigh decided not to appeal and was killed pretty quickly.

[Tx4obama]

14. I listened to all of the interviews she gave last night - there is no doubt that she will appeal.

She does not want to die.

And she also said that she "does not believe in the death penalty".

[LeftInTX]

21. Didn't she say that she wanted to die?

Right after her conviction - LOL

I'm not following this case, but read she told the court that she was going to start a prison recycling program and few other lame things if she was given life. I don't think this would have helped her case.

Anyway, my hunch is the jury is probably ignoring her recycling pitch and taking mitigating factors etc. into consideration.

[Tx4obama]

22. She has changed her tune now, she says dying would hurt her family too much. And...

... they had a prison official on TV last night and he said, if she is sentenced to life, she will be in the same section of the prison as the other three women that are on death row. Then after three years if she has had good behavior then she could be moved to 'medium security' area where she could mix with other inmates.
But he said there'd be no way that she could come in there and start up her own programs (recycling etc). He said paid professionals are in charge of coming up with, deciding, and implementing the programs that they think are best suited for the inmates.
Basally she would be a 'follower' not a 'leader'.

[Pragdem]

10. The death penalty should be abolished.

LWOP should always be handed out to rapists and murderers.

[gopiscrap]

24. Agreed

[BainsBane]

26. and child molesters

who have more than one victim, IMO.

[Tx4obama]

23. Excerpt...

-snip-

So, what happens if Stephens declares a mistrial because the jury is hung?

A mistrial at this point would just apply to the penalty phase of the trial. Arias' first-degree murder conviction would still stand, and so would the jurors' finding that Arias murdered Alexander in a "cruel manner."

A new jury would be selected, and this new jury would only decide whether Arias will be sentenced to death via lethal injection or life in prison.

If the second jury were to say Arias can live out the remainder of her days behind bars, Stephens would decide whether she will get life without parole, or life with the eligibility of parole after 25 years.

-snip-

http://www.hlntv.com/article/2013/05/22/what-happens-if-jodi-arias-jury-hung-0?hpt=hln10_1