[FredZarguna]

Well, what the Federal case law precedents say is that when there is a different determination to be made by the trier-of-fact, the 5th Amendment still applies.

So, for example, if the penalty phase is separate from the guilt/innocence phase, the defendant hasn't waived his rights during the next phase just because he's waived them in the first phase. In other words: "I agreed I was guilty of a crime involving the death penalty. I have made no statement about whether I actually deserve the death penalty. [And you may not assume that in refusing to say anything, I agree with the prosecution that I deserve this punishment.]"

[Political Junkie Too]

Okaaay...

It all seems moot at this point to me. Once convicted, lack of forthrightness and/or cooperation is probably worse on the person than contrition.

But heck, if the convicted wants to go from cooperating during trial to not cooperating during sentencing, more power to him.

-PJ