§ 5-4-618. Defendants with intellectual disabilities
(a) (1) As used in this section, “intellectual disabilities” means: (A) Significantly below-average general intellectual functioning accompanied by a significant deficit or impairment in adaptive functioning manifest in the developmental period, but no later than eighteen (18) years of age; and (B) A deficit in adaptive behavior. (2) There is a rebuttable presumption of intellectual […]
§ 5-4-616. Procedures following remand of capital case after vacation of death sentence — Retroactive application
(a) Notwithstanding § 5-4-602(3) that requires that the same jury sit in the sentencing phase of a capital murder trial, the following shall apply: (1) (A) Upon any appeal by the defendant when the sentence is of death, if the appellate court finds prejudicial error in the sentencing proceeding only, the appellate court may set […]
§ 5-4-617. Method of execution
(a) The Division of Correction shall carry out the sentence of death by intravenous lethal injection of the drug or drugs described in subsection (c) of this section in an amount sufficient to cause death. (b) The Director of the Division of Correction or his or her designee may order the dispensation and administration of […]
§ 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 […]
§ 5-4-606. 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.
§ 5-4-607. Application for executive clemency — Regulations
(a) The pardon of a person convicted of capital murder, § 5-10-101, or of a Class Y felony, Class A felony, or Class B felony, or the commutation of a sentence of a person convicted of capital murder, § 5-10-101, or of a Class Y felony, Class A felony, or Class B felony, may be […]