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.
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.