Alabama § 13A-5-44 Jury Selection and Separation; Waiver by Defendant of Jury Participation in Sentence Hearing

Alabama Statutes

§ 13A-5-44 — Jury Selection and Separation; Waiver by Defendant of Jury Participation in Sentence Hearing

Alabama § 13A-5-44

Title 13ACriminal Code

Ch. 5Punishments and Sentences

Art. 2Death Penalty and Life Imprisonment Without Parole

This text of Alabama § 13A-5-44 (Jury Selection and Separation; Waiver by Defendant of Jury Participation in Sentence Hearing) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 13A-5-44 (2026).

Text

(a)The selection of the jury for the trial of a capital case shall include the selection of at least two alternate jurors chosen according to procedures specified by law or court rule.

(b)The separation of the jury during the pendency of the trial of a capital case shall be governed by applicable law or court rule.

(c)Notwithstanding any other provision of law, the defendant with the consent of the state and with the approval of the court may waive the participation of a jury in the sentence hearing provided in Section 13A-5-46. Provided, however, before any such waiver is valid, it must affirmatively appear in the record that the defendant himself has freely waived his right to the participation of a jury in the sentence proceeding, after having been expressly informed of such right.

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(a) The selection of the jury for the trial of a capital case shall include the selection of at least two alternate jurors chosen according to procedures specified by law or court rule.
(b) The separation of the jury during the pendency of the trial of a capital case shall be governed by applicable law or court rule.
(c) Notwithstanding any other provision of law, the defendant with the consent of the state and with the approval of the court may waive the participation of a jury in the sentence hearing provided in Section 13A-5-46. Provided, however, before any such waiver is valid, it must affirmatively appear in the record that the defendant himself has freely waived his right to the participation of a jury in the sentence proceeding, after having been expressly informed of such right.