A capital offense is a crime for which the death penalty is a possible punishment. Alabama is one of the states that utilizes capital punishment, and its laws define the specific criteria that elevate a crime to a capital offense, as well as the distinct process for sentencing and appeals.
What Constitutes a Capital Offense in Alabama
In Alabama, the law lists the specific circumstances under which a murder is elevated to a capital offense.1Justia. Alabama Code § 13A-5-40 (2024) – Capital Offenses A murder becomes a capital crime if it is committed under certain conditions related to the crime itself, the victim, or the method used.
These conditions include:
- The murder is committed during a kidnapping, robbery, burglary, or arson in the first or second degree.
- The killing occurs during a first or second-degree rape, sodomy, or sexual abuse.
- The victim is under the age of 14.
- The victim is a law enforcement officer, correctional officer, or public official killed in relation to their official duties.
- Two or more people are murdered as part of a single act or scheme.
- The murder is committed by using explosives or during a drive-by shooting.
- The killing is committed with a deadly weapon fired from outside a dwelling into a home, or from a vehicle.
- The murder is a “murder for hire,” where someone is paid to commit the killing.
- The murder is committed by a defendant who has a prior murder conviction within the last 20 years.
Aggravating Circumstances Elevating Murder to a Capital Offense
For a defendant to be eligible for the death penalty, prosecutors must prove the existence of at least one statutory “aggravating circumstance” beyond a reasonable doubt.2Justia. Alabama Code § 13A-5-49 (2024) – Aggravating Circumstances These factors are presented during the sentencing phase of a trial to justify a death sentence. They are not elements of the crime itself but are conditions that make the offense warrant the highest punishment.
One such circumstance is if the capital offense was committed by an individual already under a sentence of imprisonment. The law also considers a defendant’s criminal history, specifying a prior conviction for another capital felony or a felony involving the use or threat of violence as an aggravating factor. Another factor is if the defendant knowingly created a great risk of death to many people.
The court can also consider if the capital offense was “especially heinous, atrocious, or cruel” when compared to other capital offenses. This requires the state to demonstrate that the crime was unnecessarily torturous or involved a level of brutality that sets it apart from other murders.
The Sentencing Process for Capital Convictions
After a defendant is found guilty of a capital offense, the trial enters a separate penalty phase to determine the sentence. This two-part structure is known as a bifurcated trial. During this hearing, the jury hears evidence of aggravating factors from the prosecution and mitigating factors from the defense to argue for a sentence of life imprisonment without parole.
Mitigating circumstances can include the defendant’s lack of a significant criminal history, their age, or evidence that they were under extreme mental or emotional distress at the time of the offense.3Justia. Alabama Code § 13A-5-51 (2024) – Mitigating Circumstances – Generally After hearing all evidence, the jury deliberates on the sentence. In Alabama, a vote of at least 10 out of 12 jurors is required to impose a death sentence.4Justia. Alabama Code § 13A-5-46 (2024) – Sentence Hearing – Conducted Before Jury Unless Waived If the jury cannot reach this consensus, a mistrial is declared for the sentencing phase, which leads to a new sentencing hearing with a new jury.
Following a 2017 change in state law, judicial override is no longer permitted. The judge is now bound by the jury’s final decision on the sentence.
Appellate Review in Alabama Capital Cases
Every death sentence in Alabama is subject to an automatic appellate review.5Justia. Alabama Code § 13A-5-53 (2024) – Appellate Review of Death Sentence The process begins with a direct appeal to the Alabama Court of Criminal Appeals. This court conducts a comprehensive review of the entire trial record for any legal errors, regardless of whether the defense attorney raised an objection at trial.
The appellate court scrutinizes the sufficiency of the evidence for the aggravating circumstances and performs a proportionality analysis. This involves comparing the case to similar cases to determine if the death sentence is excessive. If the conviction and sentence are upheld, the defendant can seek further review from the Alabama Supreme Court.
Beyond the state courts, a defendant may continue the appeals process by filing petitions in federal court. This can eventually lead to a request for the U.S. Supreme Court to hear the case, although the court is not required to accept it.