Alabama Statutes
§ 13A-5-51 — Mitigating Circumstances - Generally
Alabama § 13A-5-51
JurisdictionAlabama
Title 13ACriminal Code
Ch. 5Punishments and Sentences
Art. 2Death Penalty and Life Imprisonment Without Parole
This text of Alabama § 13A-5-51 (Mitigating Circumstances - Generally) 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-5-51 (2026).
Text
Mitigating circumstances shall include, but not be limited to. the following:
(1)The defendant has no significant history of prior criminal activity;
(2)The capital offense was committed while the defendant was under the influence of extreme mental or emotional disturbance;
(3)The victim was a participant in the defendant’s conduct or consented to it;
(4)The defendant was an accomplice in the capital offense committed by another person and his participation was relatively minor;
(5)The defendant acted under extreme duress or under the substantial domination of another person;
(6)The capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of law was substantially impaired; and
(7)The age of the defendant at the time of the
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Related
Haney v. State
603 So. 2d 368 (Court of Criminal Appeals of Alabama, 1991)
Virgil Lee Brownlee v. Michael Haley
306 F.3d 1043 (Eleventh Circuit, 2002)
Borden v. Allen
646 F.3d 785 (Eleventh Circuit, 2011)
Donald Dallas v. Warden
964 F.3d 1285 (Eleventh Circuit, 2020)
McNair v. State
653 So. 2d 320 (Court of Criminal Appeals of Alabama, 1992)
Maples v. State
758 So. 2d 1 (Court of Criminal Appeals of Alabama, 1999)
Musgrove v. State
519 So. 2d 565 (Court of Criminal Appeals of Alabama, 1986)
Christopher Eugene Brooks v. Commissioner, Alabama Department of Corrections
719 F.3d 1292 (Eleventh Circuit, 2013)
Smith v. State
727 So. 2d 147 (Court of Criminal Appeals of Alabama, 1998)
Charles Gregory Clark v. Commissioner, Alabama Department of Corrections
988 F.3d 1326 (Eleventh Circuit, 2021)
Joseph Clifton Smith v. Commissioner, Alabama Department of Corrections
67 F.4th 1335 (Eleventh Circuit, 2023)
McNair v. Campbell
307 F. Supp. 2d 1277 (M.D. Alabama, 2004)
Frazier v. Bouchard
661 F.3d 519 (Eleventh Circuit, 2011)
Williams v. State
782 So. 2d 811 (Court of Criminal Appeals of Alabama, 2000)
Siebert v. State
778 So. 2d 842 (Court of Criminal Appeals of Alabama, 1999)
Keith Edmund Gavin v. Commissioner, Alabama Department of Corrections
40 F.4th 1247 (Eleventh Circuit, 2022)
Gospodareck v. State
666 So. 2d 835 (Court of Criminal Appeals of Alabama, 1993)
West v. Allen
868 F. Supp. 2d 1224 (N.D. Alabama, 2011)
Samra v. Warden, Donaldson Correctional Facility
626 F. App'x 227 (Eleventh Circuit, 2015)
Hall v. Thomas
977 F. Supp. 2d 1129 (S.D. Alabama, 2013)
Legislative History
(Acts 1981, No. 81-178, §13.)
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 DegreeCite This Page — Counsel Stack
Bluebook (online)
Alabama § 13A-5-51, Counsel Stack Legal Research, https://law.counselstack.com/statute/al/13A-5-51.