It depends on the state and how they set it up, in this case and in all DP cases I believe they separate the punishment phase from the guilt phase as to the case, and it is never "you are guilty of M1 so it's DP for you" - they acquit her, they can find her guilty as charged on the count of homicide with the aggravating circumstances - child under 6, child abuse, etc - and still not give her the DP.
The jury will decide and I believe its the same jury. The judge sentences her but if they give her the DP it is very unusual for the judge to give another sentence and even more unusual for him to give the DP if the jury said 20 years or LWOP.
After they find her guilty - if they do - there will be a second phase and they try to bring in all the mitigiating stuff and have her parents and others plead for her life, she can make a statement, they can bring in friends and so on to give reasons why this person should not be sentenced to death and of course her attorney will get to argue it. As with Scott peterson. However the jury did give him the DP and the Judge sentenced him to death.
Then they get automatic appeals and it is usually over 15 years til they actually put them to death sometimes more sometimes they never do. I am not sure if FL has ever put a woman to death I think they have. In Texas Baby Grace's mom got LWOP. They didn't even seat a DP qualified jury for whatever reason. So I don't know what will happen here.
The jury will decide and I believe its the same jury. The judge sentences her but if they give her the DP it is very unusual for the judge to give another sentence and even more unusual for him to give the DP if the jury said 20 years or LWOP.
After they find her guilty - if they do - there will be a second phase and they try to bring in all the mitigiating stuff and have her parents and others plead for her life, she can make a statement, they can bring in friends and so on to give reasons why this person should not be sentenced to death and of course her attorney will get to argue it. As with Scott peterson. However the jury did give him the DP and the Judge sentenced him to death.
Then they get automatic appeals and it is usually over 15 years til they actually put them to death sometimes more sometimes they never do. I am not sure if FL has ever put a woman to death I think they have. In Texas Baby Grace's mom got LWOP. They didn't even seat a DP qualified jury for whatever reason. So I don't know what will happen here.
Source: WIDOWAN
