[discostu]

Your miss here is that you're assuming it's the same jury. In every state I know of (convenient dodge for when somebody contradicts me) the sentencing trial is a seperate trial with a new jury. It's usually a very short trial where the prosecution shows pictures of the crime scene and the defense brings in character witnesses to attest to how abnormal this act is for the defendant. I think this seperation of duties is done to help insure impartiality in both considerations.

[Zon]

Are you for or against jury nullification? If in favor, look deeper and you'll see the connection to attaining honest justice.