Any matter the judge regards as relevant to sentencing may be offered as evidence and must include matters relating to certain legislatively specified aggravating and mitigating circumstances. The importance of this phase is that the ultimate punishment of death is possible (Forsyth, 1995, 1996, 1997 Forsyth & Bankston, 1997). This represents the second phase and involves another trial, but with the same actors in the same settings. If a defendant is found guilty of capital murder and he or she is not legally insane, the jury must decide on a punishment. If the defendant is found not guilty or guilty of a lesser offense, the trial ends. The first phase, is to determine the guilt or innocence of the defendant. The trial of a first degree murder case is divided into two phases. I was hired to help prepare a mitigation defense in the sentencing part of the trial. Ronald Dominique was indicted for first degree murder with an intent to seek the death penalty. The sociologist as mitigation expert/investigator.
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