13A-5-51
Section 13A-5-51 Mitigating circumstances - Generally. 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. (Acts 1981, No. 81-178, §13.)...
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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.)...
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15-22-27
Section 15-22-27 Pardon or parole of person having death sentence commuted to life imprisonment.
(a) Any person whose sentence to death has been commuted by the Governor shall not be eligible
for a pardon unless sufficient evidence is presented to the Board of Pardons and Paroles to
satisfy it that the person was innocent of the crime for which he or she was convicted, the
board votes unanimously to grant the person a pardon, and the Governor concurs in and approves
the granting of the pardon. (b) Any person whose sentence to death has been commuted by the
Governor shall not be eligible for a parole. (c) This section shall not be construed to deny
any person whose sentence of death has been commuted the right to apply to the courts of this
state for any remedy that the person is entitled to under the laws of Alabama. (d) The Board
of Pardons and Paroles shall not grant a parole or pardon to a person whose sentence of death
has been commuted by the Governor unless the provisions of...
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15-18-100
Section 15-18-100 Postponing execution of sentence pending commutation or pardon. When any
defendant is convicted and sentenced to death or to imprisonment in the penitentiary, the
presiding judge, if he is of the opinion that such defendant should be pardoned, may postpone
the execution of the sentence for such time as may appear necessary to obtain the action of
the Governor on an application for commutation of the death sentence and action of the Board
of Pardons and Paroles on an application for pardon. (Code 1852, §775; Code 1867, §4326;
Code 1876, §5003; Code 1886, §4525; Code 1896, §5452; Code 1907, §7653; Code 1923, §5321;
Code 1940, T. 15, §357.)...
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30-4-59
Section 30-4-59 Suspension of sentence; order of payment of support for wife or children; release
of defendant on probation; bond. At the trial on an entry of a plea of guilty, or after conviction
and after judgment and sentence has been imposed, as provided in this article, the judge of
the juvenile court in the first instance, or the judge of the circuit court on appeal and
trial de novo, may, in his discretion, suspend such judgment and sentence, and, having regard
to the circumstances and to the financial ability or earning capacity of the defendant, may
make an order, which shall be subject to change by the judge of the juvenile court, from time
to time, as circumstances may require, directing the defendant to pay a certain sum periodically
to the clerk of the juvenile court for the use of the defendant's wife or for the use of his
wife and child or children, or for the use of his child or children, and to release the said
defendant from custody on probation, upon his entering...
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13A-5-44
Section 13A-5-44 Jury selection and separation; waiver by defendant of jury participation in
sentence hearing. (a) The selection of the jury for the trial of a capital case shall include
the selection of at least two alternate jurors chosen according to procedures specified by
law or court rule. (b) The separation of the jury during the pendency of the trial of a capital
case shall be governed by applicable law or court rule. (c) Notwithstanding any other provision
of law, the defendant with the consent of the state and with the approval of the court may
waive the participation of a jury in the sentence hearing provided in Section 13A-5-46. Provided,
however, before any such waiver is valid, it must affirmatively appear in the record that
the defendant himself has freely waived his right to the participation of a jury in the sentence
proceeding, after having been expressly informed of such right. (Acts 1981, No. 81-178, p.
203, §6.)...
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12-22-173
Section 12-22-173 Waiver of stayed sentence; duty of clerk; effect on appeal. In all cases
where there is judgment staying sentence, at any time before the record on appeal has been
forwarded to the clerk of the appellate court, the defendant, in person or by his attorney,
may waive the benefit of the stayed sentence by filing in the office of the clerk of the court
in which the case was tried a statement in writing to that effect, signed by himself or his
attorney of record. The clerk must then enter the fact and date of such waiver of stay of
sentence upon the margin of the record of the judgment and shall report said convict to the
board of corrections as in cases where there is no judgment or stay of sentence, but such
waiver of the stay shall not affect the appeal. (Code 1923, §3242; Code 1940, T. 15, §373.)...

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12-25-34.2
Section 12-25-34.2 Presumptive sentencing standards. (a) For the purposes of this section,
the following words shall have the following meanings: (1) AGGRAVATING FACTORS. Substantial
and compelling reasons justifying an exceptional sentence whereby the sentencing court may
impose a departure sentence above the presumptive sentence recommendation for an offense.
Aggravating factors may result in dispositional or sentence range departures, or both, and
shall be stated on the record by the court. (2) DEPARTURE. A sentence which departs from the
presumptive sentence recommendation for an offender. (3) DISPOSITION. The part of the sentencing
courts presumptive sentence recommendation other than sentence length. (4) DISPOSITIONAL DEPARTURE.
A sentence which departs from the presumptive sentence recommendation for disposition of sentence.
(5) MITIGATING FACTORS. Substantial and compelling reasons justifying an exceptional sentence
whereby the sentencing court may impose a departure sentence...
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13A-9-115
Section 13A-9-115 Restitution. In addition to any other sentence the court may impose pursuant
to Section 13A-9-114, the court shall order the defendant to make restitution to the victim
as a condition of probation, either within a specified period of time or in specified installments.
The order shall not be enforceable during the period of imprisonment unless the court expressly
finds that the defendant has assets to pay the amounts ordered at the time of sentencing.
Intentional refusal to make restitution pursuant to a court order may be considered as grounds
for revocation of the person's probation or suspension of sentence. (Act 2006-580, p. 1525,
§6.)...
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15-18-8
Section 15-18-8 Terms of confinement, etc.; probation. (a) When a defendant is convicted of
an offense, other than a sex offense involving a child as defined in Section 15-20A-4, that
constitutes a Class A or Class B felony offense, and receives a sentence of 20 years or less
in any court having jurisdiction to try offenses against the State of Alabama and the judge
presiding over the case is satisfied that the ends of justice and the best interests of the
public as well as the defendant will be served thereby, he or she may order: (1) That a defendant
convicted of a Class A or Class B felony be confined in a prison, jail-type institution, or
treatment institution for a period not exceeding three years in cases where the imposed sentence
is not more than 15 years, and that the execution of the remainder of the sentence be suspended
notwithstanding any provision of the law to the contrary and that the defendant be placed
on probation for such period and upon such terms as the court...
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