Alabama’s laws permit capital punishment for certain crimes. Understanding these laws involves looking at the types of offenses eligible for this penalty, how a sentence is determined by a jury and judge, and the processes for appeal and execution.
Crimes Punishable by Death in Alabama
In Alabama, the death penalty is reserved for capital murder. State law defines specific circumstances that elevate a murder to a capital offense. For a person to face the death penalty, the prosecution must declare its intent to seek it for a crime that fits one of these definitions.
Examples of capital murder include:
- Murder committed during a robbery, rape, burglary, or kidnapping
- Murder of an on-duty law enforcement officer, correctional officer, or public official
- Murder for hire
- Murder committed by a defendant with a prior murder conviction
- Murder that is especially heinous, atrocious, or cruel
1Justia U.S. Law. Alabama Code § 13A-5-40 (2024) – Capital Offenses
How a Death Sentence is Determined in Alabama
When a defendant is charged with a capital offense, the case proceeds as a bifurcated trial with two parts. The first is the guilt phase, where a jury determines if the defendant is guilty of capital murder. If the jury returns a guilty verdict, the trial moves to the penalty phase.
During the penalty phase, the prosecution presents aggravating circumstances to support a death sentence, while the defense presents mitigating circumstances to argue for a lesser sentence. The jury then provides a sentencing recommendation, which requires a vote of at least 10 of the 12 jurors to suggest death.2Justia U.S. Law. Alabama Code § 13A-5-46 (2024) – 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
The trial judge makes the final decision after independently weighing the aggravating and mitigating factors.3Justia U.S. Law. Alabama Code § 13A-5-47 (2024) – Determination of Sentence by Court; Presentation of Arguments on Aggravating and Mitigating Circumstances; Court to Enter Written Findings A judge may only impose a death sentence if the aggravating circumstances outweigh the mitigating ones. A 2017 law change abolished the practice of a judge overriding a jury’s recommendation for a life sentence.
Appealing a Death Sentence in Alabama
An individual sentenced to death has a multi-layered appeals process. The first step is an automatic direct appeal to the Alabama Court of Criminal Appeals to check for legal errors. If that court upholds the sentence, the defendant can ask the Alabama Supreme Court for a review.
After the direct appeal, the defendant can begin state post-conviction proceedings. This petition is filed with the original trial court and allows the defendant to raise issues that could not be part of the direct appeal, such as ineffective counsel or new evidence.
Once state appeals are exhausted, the final step is filing a petition for a writ of habeas corpus in federal court. This allows a federal judge to determine if the conviction or sentence violates the U.S. Constitution.4LII / Legal Information Institute. 28 U.S. Code § 2254 – State Custody; Remedies in Federal Courts
Execution Methods in Alabama
Alabama law authorizes two execution methods: lethal injection and nitrogen hypoxia.5Justia U.S. Law. Alabama Code § 15-18-82.1 – Methods of Execution; Election of Method; Constitutionality Lethal injection has been the primary method and involves administering a combination of drugs to cause death. Nitrogen hypoxia is an alternative where the inmate breathes pure nitrogen, depriving the body of oxygen.
Alabama first used nitrogen hypoxia for an execution in 2024. State law provided a window for inmates to elect this method over lethal injection. If an inmate makes no choice, lethal injection is the default method.
The Clemency Process in Alabama Capital Cases
The final opportunity for an individual on death row to be spared is the clemency process. Clemency is an act of mercy from the executive branch, most often a request to change a death sentence to life in prison without parole.
The process starts with a petition to the Alabama Board of Pardons and Paroles. The board reviews the case and may hold a hearing before making a recommendation to the Governor of Alabama.
The governor has the sole power to grant or deny clemency and is not bound by the board’s recommendation.6Justia US Law. SECTION 124 :: Alabama Constitution Clemency is rarely granted in Alabama.