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Code Section
5-4-601, et seq.; 5-51-201

Yes, capital murder

Effect of Incapacity
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 (Giles v. Statz 549 S.W. 2d 479 (1977))


Capital Homicide
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

Method of Execution
Lethal injection or electrocution if lethal injection held unconstitutional

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