(a) In the trial of a capital offense the jury shall first hear all the admissible evidence offered on the charge or charges against the defendant. It shall then determine whether the defendant is guilty of the capital offense or offenses with which he is charged or of any lesser included offense or offenses considered pursuant to Section 13A-5-41.
(b) If the defendant is found not guilty of the capital offense or offenses with which he is charged, and not guilty of any lesser included offense or offenses considered pursuant to Section 13A-5-41, the defendant shall be discharged.
(c) If the defendant is found not guilty of the capital offense or offenses with which he is charged, and is found guilty of a lesser included offense or offenses considered pursuant to Section 13A-5-41, sentence shall be determined and imposed as provided by law.
(d) If the defendant is found guilty of a capital offense or offenses with which he is charged and the defendant does not establish to the court by a preponderance of the evidence that he or she was under the age of 18 years at the time of the capital offense or offenses with which he or she is found guilty, the sentence shall be determined as provided in Sections 13A-5-45 through 13A-5-53.
(e) If the defendant is found guilty of a capital offense or offenses with which he or she is charged and the defendant establishes to the court by a preponderance of the evidence that he or she was under the age of 18 years at the time of the capital offense or offenses, the sentence shall be either life without the possibility of parole or, in the alternative, life, and the sentence shall be determined by the procedures set forth in the Alabama Rules of Criminal Procedure for judicially imposing sentences within the range set by statute without a jury, rather than as provided in Sections 13A-5-45 to 13A-5-53, inclusive. The judge shall consider all relevant mitigating circumstances.
If the defendant is sentenced to life on a capital offense, the defendant must serve a minimum of 30 years, day for day, prior to first consideration of parole.
(Acts 1981, No. 81-178, p. 203, §5; Act 2016-360, §1.)
Notes of Decisions
Cited in
21
cases (
1 in the last 5 years), 1987–2024 · leading case:
Ex parte State, 223 So. 3d 954 (Ala. Crim. App. 2016).
Ex parte State, 223 So. 3d 954 (Ala. Crim. App. 2016).
· cites it 6× “8 See § 13A-5-40(a), Ala.Code 1975 (defining the capital offenses in Alabama).”
Haney v. State, 603 So. 2d 368 (Ala. Crim. App. 1991).
· cites it 2× “A sentencing hearing was held before the jury, in accordance with §§ 13A-5-43 through -46, and the jury returned an advisory verdict recommending the death penalty.”
Coral v. State, 628 So. 2d 954 (Ala. Crim. App. 1992).
“After a sentencing hearing was held before the jury in accordance with §§ 13A-5-43 through -46, the jury returned an advisory verdict, by a majority vote of eight to four, recommending a sentence of life imprisonment without parole for the conviction of the capital offense…”
Hallford v. State, 548 So. 2d 526 (Ala. Crim. App. 1988).
“A sentencing hearing was held before the jury, in accordance with §§ 13A-5-43 through -46, Code of Alabama 1975, and the jury returned an advisory verdict recommending that the penalty be death.”
Sneed v. State, 1 So. 3d 104 (Ala. Crim. App. 2007).
“In the sentencing phase of a bifurcated trial under § 13A-5-43, the jury has already determined that the crime is a capital offense.”
Nicks v. State, 521 So. 2d 1018 (Ala. Crim. App. 1987).
“A sentencing hearing was held before the jury in accordance with §§ 13A-5-43 through -46, Code of Alabama 1975, and the jury returned an advisory verdict recommending that the penalty be death.”
Mashburn v. State, 148 So. 3d 1094 (Ala. Crim. App. 2013).
“A defendant convicted of a capital offense after pleading guilty to it shall be sentenced according to the provisions of Section 13A-5-43(d).” (Emphasis added.) .”
Breckenridge v. State, 628 So. 2d 1012 (Ala. Crim. App. 1993).
“A sentencing hearing was held before the jury, in accordance with §§ 13A-5-43 through -46, and the jury returned an advisory verdict recommending by unanimous vote life imprisonment without the possibility of parole.”
Slaton v. State, 680 So. 2d 879 (Ala. Crim. App. 1995).
“In the sentencing phase of a bifurcated trial under § 13A-5-43, the jury has already determined that the crime is a capital offense.”
Davis v. State, 718 So. 2d 1148 (Ala. Crim. App. 1997).
“A sentencing hearing was held before the jury, in accordance with §§ 13A-5-43 through -46, and the jury returned as advisory verdict recommending that the appellant be sentenced to death.”
State v. Henderson, 144 So. 3d 1262 (Ala. 2013).
“Section 13A-5-43(d), Ala. Code 1975, provides that if a defendant is *1279 found guilty of a capital offense with which he or she was charged, the sentence shall be determined as provided for in §§ 13A-5-45 through -58, Ala.”
— Ala. Code § 13A-5-43(b) — 1 case
Ex parte State, 223 So. 3d 954 (Ala. Crim. App. 2016).
“8 See § 13A-5-40(a), Ala.Code 1975 (defining the capital offenses in Alabama).”
— Ala. Code § 13A-5-43(d) — 7 cases
Mashburn v. State, 148 So. 3d 1094 (Ala. Crim. App. 2013).
“A defendant convicted of a capital offense after pleading guilty to it shall be sentenced according to the provisions of Section 13A-5-43(d).” (Emphasis added.) .”
Ex parte State, 223 So. 3d 954 (Ala. Crim. App. 2016).
“8 See § 13A-5-40(a), Ala.Code 1975 (defining the capital offenses in Alabama).”
State v. Henderson, 144 So. 3d 1262 (Ala. 2013).
“Section 13A-5-43(d), Ala. Code 1975, provides that if a defendant is *1279 found guilty of a capital offense with which he or she was charged, the sentence shall be determined as provided for in §§ 13A-5-45 through -58, Ala.”
— Ala. Code § 13A-5-43(e) — 2 cases
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