In May, Arias was found guilty of first-degree murder in the stabbing and shooting death of ex-boyfriend Travis Alexander.
After a nearly five-month trial and a guilty conviction, an Arizona jury determined she did kill Alexander in an “especially cruel” manner, but the panel could not reach a unanimous decision on a sentence of life in prison or the death penalty.
Prosecutors have the option of seating a new jury to decide Jodi’s fate or dropping the death penalty and letting a judge decide. The judge would have the option between natural life or life with the possibility of parole.
Challenging a landmark 2002 US Supreme Court ruling, Arias’ attorneys argue that it is too difficult for jurors to determine if a crime is “especially cruel.” They want the previous finding thrown out. Prosecutors disagree, saying the argument lacks merit.
Maricopa County Attorney Bill Montgomery reportedly told the press that the state is still seeking the death penalty, but would be open to a life sentence for Jodi after consulting the victim’s family and defense attorneys.
Jodi has admitted to stabbing Travis 27 times and shooting him in the face, but claimed it was done in self-defense.
Convicted murderer Jodi Arias is headed back to court on Tuesday, where her attorneys will try to convince the judge to take the death penalty off the table. (Watch live streaming video below.)