In the penalty phase, the Court has primarily considered instructions guiding the jury's consideration of lesser included (noncapital) offenses.

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In the penalty phase, the Court primarily considers instructions guiding the jury's consideration of aggravating and mitigating factors related to the imposition of a death sentence or life imprisonment, rather than lesser included (noncapital) offenses, which are typically considered during the guilt phase of a trial.

In the Penalty Phase, the Court Has Primarily Considered Instructions