§ 5-4-503. Habitual offenders — Previous conviction in another jurisdiction
For purposes of § 5-4-501, a conviction or finding of guilt of an offense in another jurisdiction constitutes a previous conviction or finding of guilt of a felony if a sentence of death or of imprisonment for a term in excess of one (1) year was authorized under a law of the other jurisdiction.
§ 5-4-504. Habitual offenders — Proof of previous conviction
(a) A previous conviction or finding of guilt of a felony may be proved by any evidence that satisfies the trial court beyond a reasonable doubt that the defendant was convicted or found guilty. (b) Any of the following are sufficient to support a finding of a prior conviction or finding of guilt: (1) A […]
§ 5-4-601. Legislative intent
(a) In enacting this subchapter, it is the intent of the General Assembly to specify the procedures and standards pursuant to which a sentencing body shall conform in making a determination as to whether a sentence of death is to be imposed upon a conviction of capital murder. (b) If the provisions of this subchapter […]
§ 5-4-602. Capital murder charge — Trial procedure
The following procedures govern a trial of a person charged with capital murder: (1) The jury shall first hear all evidence relevant to the charge and shall then retire to reach a verdict of guilt or innocence; (2) If the defendant is found not guilty of the capital offense charged but guilty of a lesser […]
§ 5-4-603. Findings required for death sentence — Harmless error review
(a) The jury shall impose a sentence of death if the jury unanimously returns written findings that: (1) An aggravating circumstance exists beyond a reasonable doubt; (2) Aggravating circumstances outweigh beyond a reasonable doubt all mitigating circumstances found to exist; and (3) Aggravating circumstances justify a sentence of death beyond a reasonable doubt. (b) The […]
§ 5-4-604. Aggravating circumstances
An aggravating circumstance is limited to the following: (1) The capital murder was committed by a person imprisoned as a result of a felony conviction; (2) The capital murder was committed by a person unlawfully at liberty after being sentenced to imprisonment as a result of a felony conviction; (3) The person previously committed another […]
§ 5-4-605. Mitigating circumstances
A mitigating circumstance includes, but is not limited to, the following: (1) The capital murder was committed while the defendant was under extreme mental or emotional disturbance; (2) The capital murder was committed while the defendant was acting under an unusual pressure or influence or under the domination of another person; (3) The capital murder […]
§ 5-4-321. Judgment in certain misdemeanor traffic cases — Postponement
(a) In a misdemeanor traffic case, other than a case involving driving under the influence of alcohol or a drug, a judge may postpone a judgment for not more than one (1) year, and during the one (1) year period a defendant: (1) Is in a probation status, supervised or unsupervised; and (2) Remains in […]
§ 5-4-606. Life imprisonment without parole
A person sentenced to life imprisonment without parole shall: (1) Be remanded to the custody of the Division of Correction for imprisonment for the remainder of his or her life; and (2) Not be released except pursuant to commutation, pardon, or reprieve of the Governor.
§ 5-4-322. District court or city court — Probation — Fees and fines authorized
(a) (1) A district court or city court may: (A) Place a defendant on probation or sentence him or her to public service work; and (B) As a condition of its order, require the defendant to pay a: (i) Fine in one (1) or several sums; and (ii) Probation fee or a public service work […]