(a) If a defendant is charged with capital murder, with the permission of the court the prosecuting attorney may waive the death penalty.
(b) In a case described in subsection (a) of this section, if the defendant pleads guilty to capital murder or is found guilty of capital murder after trial to the court or to a jury, the trial court shall sentence the defendant to life imprisonment without parole.
Structure Arkansas Code
Subtitle 1 - General Provisions
Chapter 4 - Disposition of Offenders
Subchapter 6 - Trial and Sentence — Capital Murder
§ 5-4-602. Capital murder charge — Trial procedure
§ 5-4-603. Findings required for death sentence — Harmless error review
§ 5-4-604. Aggravating circumstances
§ 5-4-605. Mitigating circumstances
§ 5-4-606. Life imprisonment without parole
§ 5-4-607. Application for executive clemency — Regulations
§ 5-4-608. Waiver of death penalty
§ 5-4-615. Conviction — Punishments