§ 5-4-602 — Capital felony charge - Trial procedure

The following procedures govern a trial of a person charged with a capital felony: (1) The jury shall first hear all evidence relevant to the charge and shall then retire to reach a verdict of guilt or innocence; (2) If the defendant is found not guilty of the capital offense charged but guilty of a lesser included offense, the sentence shall be determined and imposed as provided by law; (3) (A) If the defendant is found guilty of a capital felony, the same jury shall sit again, except as provided in § 5-4-616 , in order to: (i) Hear additional evidence as provided by subdivisions (4) and (5) of this section; and (ii) Determine the sentence in the manner provided by § 5-4-603 . (B) However, if the state waives the death penalty, stipulates that no aggravating circumstance exists, or stipulates that mitigating circumstances outweigh aggravating circumstances, then: (i) A hearing under subdivision (3)(A) of this section is not required; and (ii) The trial court shall sentence the defendant to life imprisonment without parole. (C) If the defendant was less than eighteen (18) years of age at the time of the offense, then a hearing under subdivision (3)(A) of this section is not required; (4) (A) If the defendant and the state are accorded an opportunity to rebut the evidence, in determining the sentence evidence may be presented to the jury as to any: (i) Matter relating to an aggravating circumstance enumerated in § 5-4-604 ; (ii) Mitigating circumstance; or (iii) Other matter relevant to punishment, including, but not limited to, victim impact evidence. (B) (i) Evidence as to any mitigating circumstance may be presented by either the state or the defendant regardless of the evidence's admissibility under the rules governing admission of evidence in a trial of a criminal matter. (ii) However, mitigating circumstance evidence shall be relevant to the issue of punishment, including, but not limited to, the nature and circumstances of the crime, and the defendant's character, background, history, and mental and physical condition as set forth in § 5-4-605 . (C) The admissibility of evidence relevant to an aggravating circumstance set forth in § 5-4-604 is governed by the rules governing the admission of evidence in a trial of a criminal matter. (D) Any evidence admitted at the trial relevant to punishment may be considered by the jury without the necessity of reintroducing the evidence at the sentencing proceeding; and (5) The state and the defendant or his or her counsel are permitted to present argument respecting sentencing: (A) The state shall open the argument; (B) The defendant is permitted to reply; and (C) The state is then permitted to reply in rebuttal.

Legislative History

Amended by Act 2021, No. 695,§ 1, eff. 7/28/2021. Amended by Act 2017, No. 539,§ 5, eff. 3/20/2017. Acts 1975, No. 280, § 1301; A.S.A. 1947, § 41-1301; Acts 1993, No. 1089, § 1.