I was referring to the difference in capital murder and murder being akin to 1st and 2nd degree...
However I do see what you mean by the sentencing phase being where the hairs are split.
Capital murder has a very specific set of definitions. In order to commit CM, you have to kill a cop, a firefighter (while they are working), commit murder while breaking a specific law or commit murder while escaping prison. Murder for hire is also CM. Premeditated murder is just murder. I do wish they would change it. But it is what it is.