Alabama Capital Punishment Laws

The state of Alabama is one of the states known for its persistent laws on the death penalty. Even as the capital punishment laws nationwide change, Alabama still records one of the highest per capita rates of people on death row compared with other states.

This article gives a comprehensive overview of capital punishment in Alabama. It offers crucial details related to the recent changes in the laws and their implications for those affected by them.

Does Alabama Allow the Death Penalty?

Yes. Alabama is one of the 31 states in the country that allows the death penalty. In cases of capital murder, an accused person could face the death penalty or life imprisonment. The trial for capital cases comes in a two-phase trial process. The first phase determines the guilt or innocence of the accused. If the court convicted the accused, it moves on to the second phase of the trial, where they look at whether they should impose the death penalty. The judge or the jury hears the case and weighs the aggravating and mitigating circumstances.

Mitigating circumstances tend to lessen the degree of criminal responsibility. Aggravating circumstances increase the penalty due to the factors' malicious nature.

Is the Death Penalty Applicable for Non-Homicide Crimes?

In 2008, the U.S. Supreme Court struck down a Louisiana law that allowed the death penalty for the rape of an 8-year-old child.

In the case of Kennedy v. Louisiana (2008), the U.S. Supreme Court said that imposing a death sentence for the rape of a child if the crime did not result in the death of the victim is unconstitutional. The court said that it violates the Eight Amendment of the U.S. Constitution, which bans unusual and cruel punishment. The Supreme Court emphasized that the courts should reserve capital punishment to the "worst of crimes." It defined these crimes as those that result in the death of the victim.

What Is the Minimum Age for the Death Penalty in Alabama?

Alabama law does not specify the minimum age for the death penalty. But the U.S. Supreme Court decision in 2005 banned the execution of those who committed crimes as juveniles (under 18 years of age.) This court decision led to the removal of juveniles from the death row in Alabama and nationwide. At the time of the decision, there were 13 death row inmates who were juveniles when they were convicted.

Can Judges Override Jury Sentencing Recommendations?

No. As of 2017, Alabama no longer allows judicial override in sentencing recommendations, particularly those provided by the juries in capital punishment. Before the changes in Alabama's death penalty laws, judges could override jury sentences. This means judges could impose a death sentence even when the jury recommended a life sentence.

But despite these changes, Alabama still allows death sentences if the jury recommends it. They only need at least 10 to 12 jurors to recommend a death sentence. This rule is less restrictive than other states requiring unanimous jury recommendations for judicial override.

Historically, judicial override played a crucial role in the high rate of death sentences in Alabama. In 1976, since the reinstatement of the death penalty, judges in Alabama exercised juridical override 112 times. This allowed judges the authority to override both life and death sentences. Because of this, 91% of the judicial override involves judges overruling the jury verdict. The judges imposed the death penalty instead of the life sentences recommended by the jury. This process contributed to almost 20% of the population in Alabama's death row.

Recent Activities Related to Capital Punishment in Alabama

In recent years, the execution methods in Alabama have faced scrutiny. In 2022, Alabama made history as it recorded the most prolonged botched lethal injection execution. This happened during the execution of Joe James, where they failed for three hours to establish an IV line. This incident, together with other failed executions in 2022, prompted Alabama Gov. Kay Ivey to suspend all executions. The governor started an internal review of the protocols followed by the Alabama Department of Corrections.

Besides the complexities surrounding capital punishment, in 2023, the Alabama Supreme Court made a crucial change. It ended the previously mandatory "plain error review" for trial errors in cases involving the death penalty. This means the court no longer looked at the transcripts of capital offense cases. Before this change, the Alabama Supreme Court conducted an automatic transcript review for these cases. They looked at potential errors that infringed on the rights of the defendants receiving capital punishment.

This series of changes and events highlights the ongoing reforms and debates in the state's approach to capital punishment. For more information about the changes in capital punishment in Alabama, visit the Alabama Death Penalty Information Center.

What Are the Key Legal Provisions in Alabama for Capital Punishment?

Alabama's key legal provision addressing punishments and sentences is Alabama Code Title 13A: Criminal Code Chapter 5. This law details the procedures for imposing the death penalty or life imprisonment without parole.

What Are the Capital Offenses in Alabama?

Capital offenses in Alabama include all these types of homicides or deaths:

• Committed by the defendant during a hijacking, kidnapping, robbery, burglary, arson, rape, sodomy, or sexual abuse
• Committed using explosives during a drive-by shooting or while the victim was inside a vehicle or home
• Committed in the presence of a child under 14 years old when the victim was the parent or legal guardian of the child
• When the victim is under 14 years old
• When a person murdered two or more people
• Where the victim was a law enforcement officer, prison guard, or first responder while on duty or related to their official capacities
• When the victim is, was, or would have been a witness to any criminal or civil proceeding in any court and relates to their role as a witness
• While under a life imprisonment sentence or if convicted in the past 20 years of another murder
• Done for money (assassination)

Methods of Execution Allowed in Alabama

Lethal injection is the primary method of execution allowed in Alabama. Also, the state allows the use of nitrogen hypoxia as an alternative method. The introduction of nitrogen gas reflects the ongoing debates and changes in the methods of execution for Americans on death row. The discussion is driven by the difficulty of finding drugs that can be used for lethal injections and the rising concerns about their effectiveness and humaneness.

What Mitigating Circumstances Can Be Used for a Death Penalty Case?

Defense attorneys in Alabama can use any of the following mitigating information during the sentencing part of a death penalty case to hopefully outweigh the aggravating circumstances:

The defendant:

• Has no significant history of prior criminal activity
• Was under the influence of extreme mental or emotional disturbance (but not insane) at the time of the crime
• Substantially could not appreciate the criminality of his or her conduct or conform his or her conduct to the requirements of law
• Was only an accomplice to the capital offense committed by another, and their participation was minor
• Acted under extreme duress or the substantial control of another person
• The age of the defendant (although, again, the person must be at least 18 at the time of the crime to be eligible for the death penalty)
• The victim participated or consented to the defendant's conduct
• Anything else about the defendant's character, record, or anything relevant for sentencing to life instead of death.

What Aggravating Circumstances Can Be Used for a Death Penalty Case?

The prosecutor would show the aggravating factors, if any, connected to the capital murder case:

1. The murder was especially heinous, atrocious, cruel, or part of intentional serial killings or committed in the presence of a child under 14 years old when the victim was the parent or legal guardian of the child.

2. The victim

• Was a law enforcement officer, prison guard, or first responder while on duty or related to his or her official capacities
• Was a child under 14 years old

3. The defendant

• Was imprisoned
• Was previously convicted of a capital offense or violent felony
• Knowingly created a great risk of death to many persons
• Committed murder while committing, attempting, or fleeing a rape, robbery, burglary, or kidnapping
• Committed murder to avoid being lawfully arrested or while escaping lawful custody
• Murdered for money or other gain (such as insurance proceeds)
• Committed the crime to hinder the lawful exercise of any government function or enforcement of laws
• Intentionally caused the death of two or more people in one act or scheme

Note: State laws are subject to change. While we strive to provide the most current information available, please consult an Alabama criminal defense attorney or conduct your legal research to verify the state or federal laws you are researching.

Seek Legal Help From a Criminal Defense Attorney

In cases involving capital punishment, the stakes are incredibly high. With this, expert legal advice and strong legal representation are important in navigating these challenges. A criminal defense attorney can help you advocate for your rights effectively. They can help you look at your case and tell you about the best legal defenses. Contact a criminal defense attorney near you to ensure you have competent legal support during this crucial time.