Death
Penalty in America, Legal Studies 485, Spring 2003
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Death
Penalty in America, Legal Studies 485, Spring 2003 |
ALABAMA CODE
TITLE 13A. CRIMINAL
CODE
CHAPTER 5. PUNISHMENTS
AND SENTENCES
ARTICLE 2. DEATH PENALTY
AND LIFE IMPRISONMENT WITHOUT PAROLE
Capital offenses enumerated -- Accountability for behavior of another
(a) The following are capital offenses:
Murder by the defendant during a kidnapping in the first degree or an
attempt thereof committed by the defendant.
Murder by the defendant during a robbery in the first degree or an
attempt thereof committed by the defendant.
Murder by the defendant during a rape in the first or second degree
or an attempt thereof committed by the defendant; or murder by the
defendant during sodomy in the first or second degree or an attempt
thereof committed by the defendant.
Murder by the defendant during a burglary in the first or second
degree or an attempt thereof committed by the defendant.
Murder of any police officer, sheriff, deputy, state trooper, federal
law enforcement officer, or any other state or federal peace officer
of any kind, or prison or jail guard, while such officer or guard is
on duty, regardless of whether the defendant knew or should have
known the victim was an officer or guard on duty, or because of some
official or job-related act or performance of such officer or
guard.
Murder committed while the defendant is under sentence of life
imprisonment.
Murder by the defendant during sexual abuse in the first or second
degree or an attempt thereof committed by the defendant.
Murder by the defendant during arson in the first or second degree
committed by the defendant; or murder by the defendant by means of
explosives or explosion.
Murder wherein two or more persons are murdered by the defendant by
one act or pursuant to one scheme or course of conduct.
Murder by the defendant when the victim is a state or federal public
official or former public official and the murder stems from or is
caused by or is related to his official position, act, or capacity.
Murder by the defendant during the act of unlawfully assuming control
of any aircraft by use of threats or force with intent to obtain any
valuable consideration for the release of said aircraft or any
passenger or crewmen thereon or to direct the route or movement of
said aircraft, or otherwise exert control over said aircraft.
Murder by a defendant who has been convicted of any other murder in
the 20 years preceding the crime; provided that the murder which
constitutes the capital crime shall be murder as defined in
subsection (b) of this section; and provided further that the prior
murder conviction referred to shall include murder in any degree as
defined at the time and place of the prior conviction.
Murder when the victim is subpoenaed, or has been subpoenaed, to
testify, or the victim had testified, in any preliminary hearing,
grand jury proceeding, criminal trial or criminal proceeding of
whatever nature, or civil trial or civil proceeding of whatever
nature, in any municipal, state, or federal court, when the murder
stems from, is caused by, or is related to the capacity or role of
the victim as a witness.
Murder when the victim is less than fourteen years of age.
Murder committed by or through the use of a deadly weapon fired or
otherwise used from outside a dwelling while the victim is in a
dwelling.
Murder committed by or through the use of a deadly weapon while the
victim is in a vehicle.
Murder committed by or through the use of a deadly weapon fired or
otherwise used within or from a vehicle.
(b) Except as specifically provided to the contrary in the last part
of subdivision (a)(13) of this section, the terms "murder" and
"murder by the defendant" as used in this section to define capital
offenses mean murder as defined in Section 13A-6-2(a)(1), but not as
defined in Section 13A-6-2(a)(2) and (3). Subject to the provisions
of Section 13A-5-41, murder as defined in Section 13A-6-2(a)(2) and
(3), as well as murder as defined in Section 13A-6-2(a)(1), may be a
lesser included offense of the capital offenses defined in subsection
(a) of this section.
(c) A defendant who does not personally commit the act of killing
which constitutes the murder is not guilty of a capital offense
defined in subsection (a) of this section unless that defendant is
legally accountable for the murder because of complicity in the
murder itself under the provisions of Section 13A-2-23, in addition
to being guilty of the other elements of the capital offense as
defined in subsection (a) of this section.
(d) To the extent that a crime other than murder is an element of a
capital offense defined in subsection (a) of this section, a
defendant's guilt of that other crime may also be established under
Section 13A-2-23. When the defendant's guilt of that other crime is
established under Section 13A-2-23, that crime shall be deemed to
have been "committed by the defendant" within the meaning of that
phrase as it is used in subsection (a) of this section.
§ 13A-5-49. Aggravating circumstances; enumerated
Aggravating circumstances shall be the following:
(1) The capital offense was committed by a person under sentence of
imprisonment;
(2) The defendant was previously convicted of another capital
offense or a felony involving the use or threat of violence to the
person;
(3)The defendant knowingly created
a great risk of death to many persons;
(4)The capital offense was committed while the defendant was engaged
or was an accomplice in the commission of, or an attempt to commit,
or flight after committing, or attempting to commit, rape, robbery,
burglary or kidnapping;
(5) The capital offense was committed for the purpose of avoiding or
preventing a lawful arrest or effecting an escape from custody;
(6) The capital offense was committed for pecuniary gain;
(7) The capital offense was committed to disrupt or hinder the lawful
exercise of any governmental function or the enforcement of laws;
(8)The capital offense was especially heinous, atrocious, or cruel
compared to other capital offenses;
(9)The defendant intentionally caused the death of two or more
persons by one act or pursuant to one scheme or course of conduct; or
(10)The capital offense was one of a series of intentional killings
committed by the defendant.