Watching a Capital Offense case and wondering..

Suppose someone accused is about to be arraigned in a case that he figures the probable outcome will lead to him being found guilty, with the possible sentencing to include the death penalty.

...To whatever extent the accused man may believe, that the Statutory elements against him are either fair or unfair, he wishes to at least avert the death penalty.  He see's little, if anything, in his circumstances which might lead to him being exonerated, BUT, to at least attempt to preserve his life, he elects at the arraignment to claim ComLaw Juris'n, to avert the Statutory elements OF the Death Penalty.

COULD HE PREVAIL in his court of record to at least avert this element of the Death-Penalty by raising the ComLaw Juris'n?