Alabama Statutes
§ 13A-5-44 — Jury Selection and Separation; Waiver by Defendant of Jury Participation in Sentence Hearing
Alabama·Title 13A Criminal Code·Ch. 5 Punishments and Sentences·Art. 2 Death Penalty and Life Imprisonment Without Parole
(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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Alabama § 13A-5-44 (Jury Selection and Separation; Waiver by Defendant of Jury Participation in Sentence Hearing) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Legislative History
(Acts 1981, No. 81-178, p. 203, §6.)
Nearby Sections
15
§ 13A-1-1
Short Title§ 13A-1-11
Effective Date§ 13A-1-2
Definitions§ 13A-1-3
General Purposes of Title§ 13A-1-6
General Rule of Construction§ 13A-1-8
Procedural Matters; Civil Liabilities Not Affected by Title; Prosecution When More Than One Offense§ 13A-1-9
Lesser Included Offenses§ 13A-10-1
Definitions§ 13A-10-10
Impersonating Public Servant§ 13A-10-100
Definitions§ 13A-10-101
Perjury in the First Degree§ 13A-10-102
Perjury in the Second Degree