Alabama is one of the states that actively imposes and carry out the death penalty. Its approach has drawn national attention due to the frequency of executions and legal controversies, particularly regarding fairness in sentencing and execution methods. This article outlines the process, from trial to potential clemency, within Alabama’s capital punishment system.
Applicable Statutes
Alabama’s legal framework for capital punishment is found in Title 13A of the Code of Alabama. Specifically, Chapter 5, Article 2, and Section 13A-5-40 define capital offenses.1Justia. Alabama Code § 13A-5-40 (2024) – Capital Offenses.
These offenses include murder committed during serious felonies such as robbery, rape, burglary, or kidnapping. Other capital offenses are murder for hire, the murder of a law enforcement or correctional officer, and murder by someone with a prior murder conviction.
Trial and Sentencing Process
When a prosecutor seeks the death penalty in Alabama, the case goes to a bifurcated trial, with separate guilt and sentencing phases. In the guilt phase, a jury determines if the defendant is guilty of a capital offense beyond a reasonable doubt.
If found guilty, the trial moves to the sentencing phase. Both sides present evidence of aggravating circumstances (factors supporting a death sentence, like a heinous crime) and mitigating circumstances (factors supporting a lesser sentence, like the defendant’s age or mental state).
The jury then gives an advisory sentence. For a death sentence to be considered, the jury must unanimously find at least one aggravating circumstance.2Justia. Alabama Code § 13A-5-46 (2024) – Sentence Hearing – Jury Role and Advisory Verdicts. If not, the sentence is life imprisonment without parole. If an aggravating circumstance is found, the jury weighs it against mitigating factors. A 2017 law change means a judge cannot override a jury’s recommendation for life.3Justia. Alabama Code § 13A-5-47.1 (2024) – Prohibition on Court Overriding Jury Verdict in Capital Cases. For a death sentence recommendation, at least 10 jurors must agree; otherwise, the advisory verdict is life without parole.
The trial judge then holds a separate sentencing hearing. The judge considers the jury’s recommendation and independently weighs aggravating and mitigating circumstances. If the jury recommended life or didn’t unanimously find an aggravating circumstance, the judge must sentence the defendant to life without parole. If the jury recommended death, the judge can impose a death sentence or sentence the defendant to life imprisonment without parole after an independent review.
Execution Protocol
Once a death sentence is confirmed on appeal, the Alabama Supreme Court issues a death warrant.4Justia. Alabama Code § 15-18-80 (2021) – Issuance and Delivery of Execution Warrant. This warrant goes to the warden of the William C. Holman Correctional Facility in Atmore, where all Alabama executions occur.5Alabama Department of Corrections. William C. Holman Correctional Facility. The Governor sets the execution date, usually between 30 and 100 days from the court’s judgment.
Lethal injection is Alabama’s main execution method.6Justia. Alabama Code § 15-18-82.1 (2024) – Methods of Execution. However, individuals can choose electrocution or nitrogen hypoxia by notifying the warden in writing within 30 days after the Supreme Court affirms their sentence. If a chosen method is found unconstitutional, the execution will use any valid method.
The Alabama Department of Corrections (ADOC) has protocols for executions. Lethal injection often uses a three-drug combination, though ADOC has faced legal challenges over these procedures, including issues with IV lines.
Nitrogen hypoxia, first used by Alabama in January 2024, involves the condemned breathing pure nitrogen through a mask. Safety procedures are in place due to concerns about this method’s safety for others present.
Before execution, the condemned individual is placed on death watch, with access to visitation, meals, and a spiritual advisor. The warden or a designee carries out the execution. Witnesses may include:
- Up to eight immediate family members of the victim(s) (not exceeding 12 total victim witnesses)
- Up to six individuals requested by the condemned (excluding other inmates)
- News media representatives
- The prison chaplain
The condemned person is allowed a final statement.
Post-Conviction Appeals
After direct appeals, individuals sentenced to death in Alabama can pursue post-conviction appeals to raise issues not previously addressed. The main state-level process is a Rule 32 petition, filed in the circuit court where the conviction occurred. Common grounds include ineffective legal counsel, prosecutorial misconduct, or new evidence. These petitions must generally be filed within 12 months of the direct appeal’s judgment.7Alabama Attorney General. Death Penalty Appeals Process.
The circuit court reviews the petition and may hold an evidentiary hearing if valid claims are presented. A denial of a Rule 32 petition can be appealed to the Alabama Court of Criminal Appeals, and then potentially to the Alabama Supreme Court.
Once all state appeals are exhausted, a defendant can file a federal habeas corpus petition, usually claiming violations of the U.S. Constitution. This process is governed by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), which sets a one-year filing deadline.8Congress.gov. Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104-132). Federal courts review state court decisions deferentially and can only grant relief if the state court’s decision was contrary to, or an unreasonable application of, clearly established federal law, or based on an unreasonable determination of facts.9Cornell Law School Legal Information Institute. 28 U.S. Code § 2254 – State Custody; Remedies in Federal Courts.
Commutation and Clemency Petitions
After appeals are exhausted, commutation and clemency petitions provide a final opportunity to avoid a death sentence. The Governor has the main authority to grant clemency, such as changing a death sentence to life imprisonment or issuing a pardon.10Justia. Alabama Constitution – Section 124 – Pardons, Commutations, and Reprieves. However, the Governor acts based on a written recommendation from the Alabama Board of Pardons and Paroles.
When an execution date is set, the Board usually holds a clemency hearing. Representatives for the condemned person can present reasons for clemency, and victim’s family members may also speak. The Board considers factors like the offense, the inmate’s background, behavior in prison, innocence claims, and mental health. The hearing focuses on whether mercy is appropriate, not on re-trying the case.
The Board then sends a written recommendation to the Governor. The Governor is not bound by this recommendation and has the final decision, often made shortly before a scheduled execution. There are no set legal criteria for the Governor’s decision, allowing for broad discretion. This process offers a final review based on mercy or fairness.