(a) In the trial of a capital offense the jury shall first hear all the admissible evidence offered on the charge or charges against the defendant. It shall then determine whether the defendant is guilty of the capital offense or offenses with which he is charged or of any lesser included offense or offenses considered pursuant to Section 13A-5-41.
(b) If the defendant is found not guilty of the capital offense or offenses with which he is charged, and not guilty of any lesser included offense or offenses considered pursuant to Section 13A-5-41, the defendant shall be discharged.
(c) If the defendant is found not guilty of the capital offense or offenses with which he is charged, and is found guilty of a lesser included offense or offenses considered pursuant to Section 13A-5-41, sentence shall be determined and imposed as provided by law.
(d) If the defendant is found guilty of a capital offense or offenses with which he is charged and the defendant does not establish to the court by a preponderance of the evidence that he or she was under the age of 18 years at the time of the capital offense or offenses with which he or she is found guilty, the sentence shall be determined as provided in Sections 13A-5-45 through 13A-5-53.
(e) If the defendant is found guilty of a capital offense or offenses with which he or she is charged and the defendant establishes to the court by a preponderance of the evidence that he or she was under the age of 18 years at the time of the capital offense or offenses, the sentence shall be either life without the possibility of parole or, in the alternative, life, and the sentence shall be determined by the procedures set forth in the Alabama Rules of Criminal Procedure for judicially imposing sentences within the range set by statute without a jury, rather than as provided in Sections 13A-5-45 to 13A-5-53, inclusive. The judge shall consider all relevant mitigating circumstances.
If the defendant is sentenced to life on a capital offense, the defendant must serve a minimum of 30 years, day for day, prior to first consideration of parole.
Structure Code of Alabama
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-5-43.1 - 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-5-48 - 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-5-53.1 - 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-5-57 - 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.