h. Opportunities for Discretion and Mercy under Arizona's Scheme.

• Jurisdiction: Arizona

i. Generally.

(1) Citing Gregg, the Court in Richmond said that opportunities for mercy in prosecutorial discretion, plea bargaining, jury discretion to convict of a lesser-included offense, commutation, or clemency do not render the scheme unconstitutional. 114 Ariz. at 195.

(2) Discretion at various levels of the process does not result in the arbitrary imposition of the death penalty. Apelt, 176 Ariz. at 359.

ii. Prosecutorial Discretion.

(1) Arizona’s scheme is not unconstitutional because prosecutors

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