Ark. Code Ann. § 5-4-601
Legislative intent
- In enacting this subchapter, it is the intent of the General Assembly to specify the procedures and standards pursuant to which a sentencing body shall conform in making a determination as to whether a sentence of death is to be imposed upon a conviction of capital murder.
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If the provisions of this subchapter respecting sentencing procedures are held invalid with regard to the imposition of a sentence of death or a sentence of death is declared to be invalid per se, it is the intent of the General Assembly that:
- Capital murder is punishable by life imprisonment without parole; and
- The procedures and findings required by §§ 5-4-602 — 5-4-605, 5-4-607, and 5-4-608 are deemed repealed and of no effect.
History. Acts 1975, No. 280, § 1308; A.S.A. 1947, § 41-1308.
Case Notes
Juveniles.
Circuit court erred by denying appellant juvenile's petition for writ of habeas corpus; because he was only fourteen years old when he committed capital-murder and aggravated-robbery, his mandatory sentence of life imprisonment without parole violated the Eighth Amendment, U.S. Const. amend. VIII. In considering the capital-murder statute as it pertained to juveniles, the Supreme Court of Arkansas severed portions of § 5-10-101(c) which provided that capital murder was punishable by death or life imprisonment without parole pursuant to this section and §§ 5-4-605, 5-4-607, and 5-4-608. Jackson v. Norris, 2013 Ark. 175, 426 S.W.3d 906 (2013).
Cited: Singleton v. Lockhart, 653 F. Supp. 1114 (E.D. Ark. 1986); Wilson v. State, 295 Ark. 682, 751 S.W.2d 734 (1988); Rush v. State, 324 Ark. 147, 919 S.W.2d 933 (1996); Camargo v. State, 327 Ark. 631, 940 S.W.2d 464 (1997).