Sunday, January 20, 2013

Capital Punishment Defined, Part I

Alabama
Capital Punishment
Allowable


Mitigating Circumstances
Mitigating if defendant under influence of extreme mental or emotional disturbance; forbid execution of "insane" person


Minimum Age
No minimum age but age is a mitigating circumstance


Available for Crimes other then Murder
No


Definition of Capital Murder

Homicide during the commission of kidnapping; robbery; rape/sodomy; burglary; sexual abuse; arson; hijacking; murder of police officer or public official while on duty or when related to or caused by or is related to his official position, act, or capacity; murder for pecuniary or other valuable consideration; two or more persons murdered in same act/course of conduct; victim less than 14 years old; murder under life sentence; murder during arson or by means of explosives; murder by defendant who has previously been convicted of murder within 20 years; murder of witness in civil or criminal trial when murder is caused by or related to the testimony; murder during act of unlawfully assuming control of any aircraft; murder when deadly weapon is fired outside of a dwelling when victim is in dwelling; murder by deadly weapon used from or within a vehicle.

Arkansas
Capital Punishment
Allowable


Mitigating Circumstances
If no aggravating circumstances are found or if mitigating circumstances outweigh aggravating circumstances, the court shall impose life in prison without parole; no defendant with mental retardation at the time of committing murder shall be sentenced to death


Minimum Age
Chronological age does not necessarily control jury's determination.


Available for Crimes other then MurderTreason

Definition of Capital Murder

Homicide committed by a person incarcerated for felony conviction; committed by person unlawfully at liberty after being imprisoned for felony conviction; use of threat or violence in commission of felony; knowingly created grave risk of death to person other than victim or caused the death of more than one person in the same criminal episode; committed in order to prevent arrest or escape custody; committed for pecuniary gain; committed for purposes of disrupting/hindering lawful exercise of any government or political function; especially cruel or depraved manner by use of torture or methods evidencing the defendant's pleasure in committing the murder; committed by means of destructive explosive, bomb, similar device


Arizona
Capital Punishment
Allowable


Mitigating Circumstances
Effect of Defendant's Incapacity considered mitigating circumstance


Minimum Age
15


Available for Crimes other then MurderNo

Definition of Capital Murder

Previous capital convictions or homicides; previous conviction of a "serious offense"; previous felonies with use or threat of violence; knowingly created grave risk of death to persons in addition to victim; procured commission of offense by payment; especially heinous, cruel or depraved manner; adult person and victim under 15 or over 70; victim on duty peace officer and defendant knew or should have known; in custody of state dept. of corrections, law enforcement agency or jail at time of homicide

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