Alabama




Death Penalty Eligible Crime: Intentional Murder
(Ala. Stat. Ann. 13A-5-40(a)(1)-(18)).
Aggravating Factors (Ala. Stat. Ann. 13A-5-49)
Mitigating Factors (Ala. Stat. Ann. 13A-5-51 and 13A-5-52)

Definition of Intentional Murder (Ala. Stat. Ann. 13A-5-40(a)(1)-(18):

 

  1. Murder by the defendant during a kidnapping in the first degree or an attempt thereof committed by the defendant.
  2. Murder by the defendant during a robbery in the first degree or an attempt thereof committed by the defendant.
  3. Murder by the defendant during a rape in the first or second degree or an attempt thereof committed by the defendant; or murder by the defendant during sodomy in the first or second degree or an attempt thereof committed by the defendant.
  4. Murder by the defendant during a burglary in the first or second degree or an attempt thereof committed by the defendant.
  5. Murder of any police officer, sheriff, deputy, state trooper, federal law enforcement officer, or any other state or federal peace officer of any kind, or prison or jail guard, while such officer or guard is on duty, regardless of whether the defendant knew or should have known the victim was an officer or guard on duty, or because of some official or job-related act or performance of such officer or guard.
  6. Murder committed while the defendant is under sentence of life imprisonment.
  7. Murder done for a pecuniary or other valuable consideration or pursuant to a contract or for hire.
  8. Murder by the defendant during sexual abuse in the first or second degree or an attempt thereof committed by the defendant.
  9. Murder by the defendant during arson in the first or second degree committed by the defendant; or murder by the defendant by means of explosives or explosion.
  10. Murder wherein two or more persons are murdered by the defendant by one act or pursuant to one scheme or course of conduct.
  11. Murder by the defendant when the victim is a state or federal public official or former public official and the murder stems from or is caused by or is related to his official position, act, or capacity.
  12. Murder by the defendant during the act of unlawfully assuming control of any aircraft by use of threats or force with intent to obtain any valuable consideration for the release of said aircraft or any passenger or crewmen thereon or to direct the route or movement of said aircraft, or otherwise exert control over said aircraft.
  13. Murder by a defendant who has been convicted of any other murder in the 20 years preceding the crime; provided that the murder which constitutes the capital crime shall be murder as defined in subsection (b) of this section; and provided further that the prior murder conviction referred to shall include murder in any degree as defined at the time and place of the prior conviction.
  14. Murder when the victim is subpoenaed, or has been subpoenaed, to testify, or the victim had testified, in any preliminary hearing, grand jury proceeding, criminal trial or criminal proceeding of whatever nature, or civil trial or civil proceeding of whatever nature, in any municipal, state, or federal court, when the murder stems from, is caused by, or is related to the capacity or role of the victim as a witness.
  15. Murder when the victim is less than fourteen years of age.
  16. Murder committed by or through the use of a deadly weapon fired or otherwise used from outside a dwelling while the victim is in a dwelling.
  17. Murder committed by or through the use of a deadly weapon while the victim is in a vehicle.
  18. Murder committed by or through the use of a deadly weapon fired or otherwise used within or from a vehicle.

Aggravating Factors (Ala. Stat. Ann. 13A-5-49):

  1. The capital offense was committed by a person under sentence of imprisonment;
  2. The defendant was previously convicted of another capital offense or a felony involving the use or threat of violence to the person;
  3. The defendant knowingly created a great risk of death to many persons;
  4. The capital offense was committed while the defendant was engaged or was an accomplice in the commission of, or an attempt to commit, or flight after committing, or attempting to commit, rape, robbery, burglary or kidnapping;
  5. The capital offense was committed for the purpose of avoiding or preventing a lawful arrest or effecting an escape from custody;
  6. The capital offense was committed for pecuniary gain;
  7. The capital offense was committed to disrupt or hinder the lawful exercise of any governmental function or the enforcement of laws;
  8. The capital offense was especially heinous, atrocious, or cruel compared to other capital offenses;
  9. The defendant intentionally caused the death of two or more persons by one act or pursuant to one scheme or course of conduct; or
  10. The capital offense was one of a series of intentional killings committed by the defendant.

Mitigating Factors (Ala. Stat. Ann. 13A-5-51 and 13A-5-52):

Section 13A 5- 51: 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 crime.

Section 13A 5- 52: In addition to the mitigating circumstances specified in Section 13A-5-51, mitigating circumstances shall include any aspect of a defendant's character or record and any of the circumstances of the offense that the defendant offers as a basis for a sentence of life imprisonment without parole instead of death, and any other relevant mitigating circumstance which the defendant offers as a basis for a sentence of life imprisonment without parole instead of death.