CHAPTER 3. SENTENCING IN CAPITAL CASES Art. 905. Capital cases; sentencing hearing required; delay; waiver A. Following a verdict or plea of guilty in a capital case, a sentence of death may be imposed only after a sentencing hearing as provided herein. B. Following a conviction by trial or guilty plea in a capital case, […]
Art. 905.1. Sentencing hearing jury; commencement A. Except as provided in Paragraph B of this Article, the sentencing hearing shall be conducted before the same jury that determined the issue of guilt. The order of sequestration shall remain in effect until the completion of the sentencing hearing. B. If an error occurs only during the […]
Art. 905.2. Sentencing hearing; procedure and evidence; jury instructions A. The sentencing hearing shall focus on the circumstances of the offense, the character and propensities of the offender, and the victim, and the impact that the crime has had on the victim, family members, friends, and associates. The victim or his family members, friends, and […]
Art. 905.3. Sentence of death; jury findings A sentence of death shall not be imposed unless the jury finds beyond a reasonable doubt that at least one statutory aggravating circumstance exists and, after consideration of any mitigating circumstances, determines that the sentence of death should be imposed. The court shall instruct the jury concerning all […]
Art. 905.4. Aggravating circumstances A. The following shall be considered aggravating circumstances: (1) The offender was engaged in the perpetration or attempted perpetration of aggravated or first degree rape, forcible or second degree rape, aggravated kidnapping, second degree kidnapping, aggravated burglary, aggravated arson, aggravated escape, assault by drive-by shooting, armed robbery, first degree robbery, second […]
Art. 905.5. Mitigating circumstances The following shall be considered mitigating circumstances: (a) The offender has no significant prior history of criminal activity; (b) The offense was committed while the offender was under the influence of extreme mental or emotional disturbance; (c) The offense was committed while the offender was under the influence or under the […]
Art. 905.5.1. Intellectual disability A. Notwithstanding any other provisions of law to the contrary, no person with an intellectual disability shall be subjected to a sentence of death. B. Any capital defendant who claims to have an intellectual disability shall file written notice thereof within the time period for filing of pretrial motions as provided […]
Art. 905.6. Jury; unanimous determination A sentence of death shall be imposed only upon a unanimous determination of the jury. If the jury unanimously finds the sentence of death inappropriate, it shall render a determination of a sentence of life imprisonment without benefit of probation, parole or suspension of sentence. Added by Acts 1976, No. […]
Art. 905.7. Form of determination The form of jury determination shall be as follows: "Having found the below listed statutory aggravating circumstance or circumstances and, after consideration of the mitigating circumstances offered, the jury unanimously determines that the defendant should be sentenced to death. Aggravating circumstance or circumstances found: s/_____________________________________________ Foreman" or "The jury unanimously […]
Art. 905.8. Imposition of sentence The court shall sentence the defendant in accordance with the determination of the jury. If the jury is unable to unanimously agree on a determination, the court shall impose a sentence of life imprisonment without benefit of probation, parole or suspension of sentence. Added by Acts 1976, No. 694, §1; […]
Art. 905.9. Review on appeal The Supreme Court of Louisiana shall review every sentence of death to determine if it is excessive. The court by rules shall establish such procedures as are necessary to satisfy constitutional criteria for review. Added by Acts 1976, No. 694, §1.
