Circumstances in aggravation include factors relating to the crime and factors relating to the defendant. (a)Facts relating to the crime Facts relating to the crime, whether or not charged or chargeable as enhancements, include the fact that: (1) The crime involved great violence, great bodily harm, threat of great bodily harm, or other acts disclosing a high degree of cruelty, viciousness, or callousness; (2) The defendant was armed with or used a weapon at the time of the commission of the crime;
Circumstances in mitigation include factors relating to the crime and factors relating to the defendant. (a)Facts relating to the crime Factors relating to the crime include that: (1) The defendant was a passive participant or played a minor role in the crime; (2) The victim was an initiator of, willing participant in, or aggressor or provoker of the incident; (3) The crime was committed because of an unusual circumstance, such as great provocation, that is unlikely to recur; (4) The defendant participated
(a) RIGHT TO BE PRESENT. The defendant has the right to be present at the arraignment and at every stage of the trial, including the selection of the jury the giving of additional instructions pursuant to Rule 21, the return of the verdict, and sentencing. (b) WAIVER OF THE RIGHT TO BE PRESENT. (1) Except as provided in subsection (2), a defendant may waive the right to be present at any proceeding in the following manner: (i) With the consent of the court, by an understanding and voluntary waiver
(a)Representation by Counsel. The defendant is entitled to be represented by counsel. If the defendant cannot secure counsel, counsel shall be appointed for the defendant. (b)Order of Proof - Witnesses Called by the State. The state shall first present the evidence in support of its case. All witnesses called by the state shall be examined in the presence of the defendant and may be cross-examined by the defendant's or by the defendant's counsel. (c)Witnesses Called by the Defendant. The defendant