capital case

  • This is a criminal case where the state charges that the defendant committed aggravated murder and seeks the death penalty. The case is tried in two phases: the guilt phase and the penalty phase. The guilt phase involves presenting evidence for the jury to decide whether the defendant is guilty of aggravated murder. If the jury finds the defendant guilty of aggravated murder, the jury comes back for the penalty phase to hear other evidence on four questions set out by state law. The jury's answers to those questions determine the sentence.

    Oregon Judicial Department 1

1Oregon Judicial Department, Juror Information: Glossary of Terms, http://­www.ojd.state.or.us/­jurorinfo/­glossary.htm (last accessed May 27, 2009).