AL Law: Capital Punishment Laws
Alabama Capital Punishment Laws - FindLaw
Alabama, along with 31 other states, permits the
death penalty. Like in many states, a person who has committed a
capital murder in Alabama can be sentenced to life imprisonment instead of the death penalty. These trials are split into two parts. First, there's a trial where guilt or innocence is determined. If the defendant is convicted of capital murder, then a
sentencing trial takes place where the jury or judge hears the
mitigating and aggravating circumstances. Mitigating circumstances tend to lessen the degree of criminal responsibility, while aggravating circumstances increase it due to the factors’ malicious nature. Both of these factors are described below.
The following table explains more on
capital punishment laws in Alabama.
Code Section Alabama Code Title 13A: Criminal Code, Chapter 5: Punishments & Sentences, Title 2:
Death Penalty & Life Imprisonment Without Parole
Is Capital Punishment Allowed? Yes. Not only is the death penalty permitted, but judges can override jury recommendations of a life imprisonment sentence. In more than
90% of the 95 jury overrides since 1982, the judge imposed death when the jury chose life.
Minimum Age Although Alabama law doesn’t state a minimum age for the
death penalty, in 2005 the U.S. Supreme Court
banned the execution of those who were juveniles when the crime occurred. At the time of this decision,
Alabama death row had 13 inmates who were 16 or 17 when the crime occurred.
Available for Crimes Other Than Homicide? No. In 2008, the U.S. Supreme Court
struck down a Louisiana law that permitted the death penalty for the rape of a child. The death penalty in the U.S. is essentially exclusively used for murder.
Definition of Capital Homicide Capital offenses in Alabama include all of these types of homicides or deaths:
- Committed by the defendant during a hijacking, kidnapping, robbery, arson, rape, sodomy, or sexual abuse
- Committed using explosives, during a drive-by shooting, or while the victim was inside a vehicle or home
- When the victim is under 14 years old
- Where two or more people are murdered
- Where the victim was a law enforcement officer, prison guard, or state or federal public official while on duty or related to his or her official capacities
- When the victim is, was, or would have been a witness to any criminal or civil proceeding in any court and relates to his or her role as a witness
- While under a life imprisonment sentence or if previously convicted in the past 20 years of another murder
- Done for money (assassination)
Method of Execution Lethal injection is the
primary method of execution, however, electrocution is still an option.