Legal Question in Criminal Law in Arizona

That will depend upon what charges are filed and which ones the jury finds the defendant guilty of.

One of the people who died in the attack was a federal judge, and murder of a federal judge can carry the death penalty if he is engaged in his duties at the time or if he is killed "on account of the performance" of his duties. (18 U.S.C. � 1114.) It is not clear -- at least for now -- whether the killer even knew the victim was a judge, let alone if he targeted the judge because of his duties. It is also possible that the judge was performing his duties at the time (he was the chief judge, and appearing with a member of Congress could conceivably qualify as one of his duties).

Murdering a member of Congress is also punishable by death (18 U.S.C. � 351(a)), so if Rep. Giffords dies her shooter could face the death penalty on that basis -- assuming he knew she was a member of Congress when he shot her, which he almost certainly did. But merely attempting to kill a member of Congress is punishable only by imprisonment, possibly for life. ((18 U.S.C. � 351(c).)

But even if the death penalty is an option, it will not be mandatory. The court will be able to sentence the defendant to life behind bars, or perhaps even a term of years. The defendant seems to have a serious mental illness, which is a substantial mitigating factor that would weigh against the death penalty.

And it is possible that the defendant will be found not guilty. Your question seems to presume he will be convicted. I agree that this is the likely outcome, but it might not happen.