Code of Alabama
Article 2 - Death Penalty and Life Imprisonment Without Parole.
Section 13A-5-42 - Guilty Plea; Burden of Proof Upon State; Waiver; Sentencing.

A defendant who is indicted for a capital offense may plead guilty to it, but the state, only in cases where the death penalty is to be imposed, must prove the defendant's guilt of the capital offense beyond a reasonable doubt to a jury. The guilty plea may be considered in determining whether the state has met that burden of proof. The guilty plea shall have the effect of waiving all non-jurisdictional defects in the proceeding resulting in the conviction except the sufficiency of the evidence. A defendant convicted of a capital offense after pleading guilty to it shall be sentenced according to the provisions of Section 13A-5-43(d).

Structure Code of Alabama

Code of Alabama

Title 13A - Criminal Code.

Chapter 5 - Punishments and Sentences.

Article 2 - Death Penalty and Life Imprisonment Without Parole.

Section 13A-5-39 - Definitions.

Section 13A-5-40 - Capital Offenses.

Section 13A-5-41 - Lesser Included Offenses.

Section 13A-5-42 - Guilty Plea; Burden of Proof Upon State; Waiver; Sentencing.

Section 13A-5-43 - Trial of Capital Offenses; Discharge of Defendant; Lesser Included Offenses; Sentencing.

Section 13A-5-43.1 - Life Imprisonment for Certain Crimes by Persons Under 18 Years of Age.

Section 13A-5-43.2 - Applicability of Certain Provisions to Persons Under 18 Years of Age.

Section 13A-5-44 - Jury Selection and Separation; Waiver by Defendant of Jury Participation in Sentence Hearing.

Section 13A-5-45 - Sentence Hearing - Delay; Statements and Arguments; Admissibility of Evidence; Burden of Proof; Mitigating and Aggravating Circumstances.

Section 13A-5-46 - Sentence Hearing - Conducted Before Jury Unless Waived; Trial Jury to Sit Unless Impossible or Impracticable; Separation of Jury; Instructions to Jury; Advisory Verdicts; Vote Required; Mistrial; Waiver of Right to Advisory Verdict...

Section 13A-5-47 - Determination of Sentence by Court; Presentation of Arguments on Aggravating and Mitigating Circumstances; Court to Enter Written Findings.

Section 13A-5-47.1 - Application of Provisions Prohibiting Court From Overriding Jury Verdict in Capital Cases.

Section 13A-5-48 - Process of Weighing Aggravating and Mitigating Circumstances Defined.

Section 13A-5-49 - Aggravating Circumstances.

Section 13A-5-50 - Consideration of Aggravating Circumstances in Sentence Determination.

Section 13A-5-51 - Mitigating Circumstances - Generally.

Section 13A-5-52 - Mitigating Circumstances - Inclusion of Defendant's Character, Record, Etc.

Section 13A-5-53 - Appellate Review of Death Sentence; Scope; Remand; Specific Determinations to Be Made by Court; Authority of Court Following Review.

Section 13A-5-53.1 - Appeals of Capital Punishment.

Section 13A-5-54 - Appointment of Experienced Counsel for Indigent Defendants.

Section 13A-5-55 - Conviction and Sentence of Death Subject to Automatic Review.

Section 13A-5-56 - Supreme Court to Promulgate Indictment Forms, Verdict Forms and Jury Instructions.

Section 13A-5-57 - Application of Article to Conduct After Effective Date.

Section 13A-5-58 - Interpretation of Article.

Section 13A-5-59 - Application of Article Upon Finding of Unconstitutionality.