|
13A-5-50
Section 13A-5-50 Consideration of aggravating circumstances in sentence determination. The
fact that a particular capital offense as defined in Section 13A-5-40(a) necessarily includes
one or more aggravating circumstances as specified in Section 13A-5-49 shall not be construed
to preclude the finding and consideration of that relevant circumstance or circumstances in
determining sentence. By way of illustration and not limitation, the aggravating circumstance
specified in Section 13A-5-49(4) shall be found and considered in determining sentence in
every case in which a defendant is convicted of the capital offenses defined in subdivisions
(1) through (4) of subsection (a) of Section 13A-5-40. (Acts 1981, No. 81-178, p. 203, §12;
Acts 1982, No. 82-567, p. 945, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-5-50.htm - 1K - Match Info - Similar pages
13A-5-39
Section 13A-5-39 Definitions. As used in this article, these terms shall be defined as follows:
(1) CAPITAL OFFENSE. An offense for which a defendant shall be punished by a sentence of death
or life imprisonment without parole, or in the case of a defendant who establishes that he
or she was under the age of 18 years at the time of the capital offense, life imprisonment,
or life imprisonment without parole, according to the provisions of this article. (2) DURING.
The term as used in Section 13A-5-40(a) means in the course of or in connection with the commission
of, or in immediate flight from the commission of the underlying felony or attempt thereof.
(3) EXPLOSIVES and EXPLOSION. The terms shall have the meanings provided in Section 13A-7-40(2)
and (3). (4) BURDEN OF INTERJECTING THE ISSUE. Shall be defined as provided in Section 13A-1-2(14).
(5) MURDER and MURDER BY THE DEFENDANT. Shall be defined as provided in Section 13A-5-40(b).
(6) PREVIOUSLY CONVICTED and PRIOR CRIMINAL...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-5-39.htm - 1K - Match Info - Similar pages
15-15-20.1
Section 15-15-20.1 Non-capital felony offense. (a) In any criminal proceeding for a non-capital
felony offense commenced by complaint, the defendant may give written notice three days after
his or her arrest to a judge of the district or circuit court of the county having jurisdiction
of the offense charged that the defendant desires to plead guilty as charged or as a youthful
offender upon the granting of youthful offender status. (b) Upon receipt of the written notice
from the defendant stating his or her desire to plead guilty, the court shall direct the district
attorney to prefer and file an information against the defendant. The information shall be
made under oath of the district attorney or a witness, and shall accuse the defendant with
the same specificity as required in an indictment of the offense or offenses for which the
defendant is charged. This section shall not be construed to preclude the district attorney
from amending or dismissing a pending charge against a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-15-20.1.htm - 3K - Match Info - Similar pages
13A-5-53
Section 13A-5-53 Appellate review of death sentence; scope; remand; specific determinations
to be made by court; authority of court following review. (a) In any case in which the death
penalty is imposed, in addition to reviewing the case for any error involving the conviction,
the Alabama Court of Criminal Appeals, subject to review by the Alabama Supreme Court, shall
also review the propriety of the death sentence. This review shall include the determination
of whether any error adversely affecting the rights of the defendant was made in the sentence
proceedings, whether the trial court's findings concerning the aggravating and mitigating
circumstances were supported by the evidence, and whether death was the proper sentence in
the case. If the court determines that an error adversely affecting the rights of the defendant
was made in the sentence proceedings or that one or more of the trial court's findings concerning
aggravating and mitigating circumstances were not supported by the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-5-53.htm - 3K - Match Info - Similar pages
15-11-11
Section 15-11-11 Amount of bail to be endorsed on commitment; discharge of defendant. Whenever
a person is committed to jail for a bailable offense under the provisions of this chapter,
the court must endorse on the commitment the amount of bail required and sign his name thereto.
The sheriff of the county to which the defendant is committed may discharge him on giving
sufficient bail in the amount so endorsed and must, in such case, return the undertaking to
the court to which such person is bound to appear within five days thereafter. (Code 1852,
§465; Code 1867, §4014; Code 1876, §4684; Code 1886, §4291; Code 1896, §5240; Code 1907,
§7608; Code 1923, §5241; Code 1940, T. 15, §144.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-11-11.htm - 1K - Match Info - Similar pages
13A-10-152
Section 13A-10-152 Crime of terrorism. (a) A person is guilty of a crime of terrorism when,
with intent to intimidate or coerce a civilian population, influence the policy of a unit
of government by intimidation or coercion, or affect the conduct of a unit of government by
murder, assassination, or kidnapping, he or she commits a specified offense. (b)(1) When a
person is convicted pursuant to this section, and the specified offense is a Class B or Class
C felony, the crime of terrorism shall be deemed to be one class higher than the specified
offense the defendant committed, or one class higher than the offense level applicable to
the defendant's conviction for an attempt or conspiracy to commit the specified offense, whichever
is applicable. (2) Notwithstanding any other provision of law, when a person is convicted
of a crime of terrorism pursuant to this article, and the specified offense is a Class A felony
other than murder, the sentence upon conviction of the offense shall be...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-10-152.htm - 1K - Match Info - Similar pages
15-18-68
Section 15-18-68 Criteria for determining restitution. (a) In determining the manner, method,
or amount of restitution to be ordered, the court may take into consideration all of the following:
(1) The financial resources of the defendant and the victim and the burden that the manner
or method of restitution will impose upon the victim or the defendant. (2) The ability of
the defendant to pay restitution on an installment basis or on other conditions to be fixed
by the court. (3) The anticipated rehabilitative effect on the defendant regarding the manner
of restitution or the method of payment. (4) Any burden or hardship upon the victim as a direct
or indirect result of the defendant's criminal acts. (5) The mental, physical, and financial
well-being of the victim. (b) When a defendant has been convicted of the following offenses
after February 1, 2009, the court may consider the factors enumerated in subsection (a) and
shall order restitution to be paid as follows: (1) When a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-18-68.htm - 2K - Match Info - Similar pages
13A-6-20
Section 13A-6-20 Assault in the first degree. (a) A person commits the crime of assault in
the first degree if: (1) With intent to cause serious physical injury to another person, he
or she causes serious physical injury to any person by means of a deadly weapon or a dangerous
instrument; or (2) With intent to disfigure another person seriously and permanently, or to
destroy, amputate, or disable permanently a member or organ of the body of another person,
he or she causes such an injury to any person; or (3) Under circumstances manifesting extreme
indifference to the value of human life, he or she recklessly engages in conduct which creates
a grave risk of death to another person, and thereby causes serious physical injury to any
person; or (4) In the course of and in furtherance of the commission or attempted commission
of arson in the first degree, burglary in the first or second degree, escape in the first
degree, kidnapping in the first degree, rape in the first degree, robbery in...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-6-20.htm - 1K - Match Info - Similar pages
15-18-66
Section 15-18-66 Definitions. As used in this article, the following words and terms shall
have the meanings respectively ascribed by this section: (1) CRIMINAL ACTIVITIES. Any offense
with respect to which the defendant is convicted or any other criminal conduct admitted by
the defendant. (2) PECUNIARY DAMAGES. All special damages which a person shall recover against
the defendant in a civil action arising out of the facts or events constituting the defendant's
criminal activities; the term shall include, but not be limited to the money or other equivalent
of property taken, broken, destroyed, or otherwise used or harmed and losses such as travel,
medical, dental or burial expenses and wages including but not limited to wages lost as a
result of court appearances. (3) RESTITUTION. Full, partial or nominal payment of pecuniary
damages to the victim or to its equivalent in services performed or work or labor done for
the benefit of the victim as determined by the court of record. (4)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-18-66.htm - 1K - Match Info - Similar pages
13A-5-53.1
Section 13A-5-53.1 Appeals of capital punishment. (a) Rule 32.2(c) of the Alabama Rules of
Criminal Procedure shall not apply to cases in which a criminal defendant is convicted of
capital murder and sentenced to death, and files a petition for post-conviction relief under
the grounds specified in Rule 32.1(a), (e), or (f) of the Alabama Rules of Criminal Procedure.
(b) Post-conviction remedies sought pursuant to Rule 32 of the Alabama Rules of Criminal Procedure
in death penalty cases shall be pursued concurrently and simultaneously with the direct appeal
of a case in which the death penalty was imposed. In all cases where the defendant is deemed
indigent or as the trial judge deems appropriate, the trial court, within 30 days of the entry
of the order pronouncing the defendant's death sentence, shall appoint the defendant a separate
counsel for the purposes of post-conviction relief under this section. Appointed counsel shall
be compensated pursuant to Chapter 12 of Title 15;...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-5-53.1.htm - 5K - Match Info - Similar pages
|