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5-4-601. Legislative intent.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-4-601. Legislative intent.
(a) In enacting this subchapter, it is the intent of the General Assembly to specify the procedures and standards pursuant to which a sentencing body shall conform in making a determination as to whether a sentence of death is to be imposed upon a conviction of capital murder.
(b) If the provisions of this subchapter respecting sentencing procedures are held invalid with regard to the imposition of a sentence of death or a sentence of death is declared to be invalid per se, it is the intent of the General Assembly that:
(1) Capital murder is punishable by life imprisonment without parole; and
(2) The procedures and findings required by §§ 5-4-602 — 5-4-605, 5-4-607, and 5-4-608 are deemed repealed and of no effect.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-4-601
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:5-4-601
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 78060be3a54d9211d4a425fe41a5ca0287e2e6c5fbc4e0d87b4143215e7f0766
Source location: content.xml paragraph 5864
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5-4-601. Legislative intent.
(a) In enacting this subchapter, it is the intent of the General Assembly to specify the procedures and standards pursuant to which a sentencing body shall conform in making a determination as to whether a sentence of death is to be imposed upon a conviction of capital murder.
(b) If the provisions of this subchapter respecting sentencing procedures are held invalid with regard to the imposition of a sentence of death or a sentence of death is declared to be invalid per se, it is the intent of the General Assembly that:
(1) Capital murder is punishable by life imprisonment without parole; and
(2) The procedures and findings required by §§ 5-4-602 — 5-4-605, 5-4-607, and 5-4-608 are deemed repealed and of no effect.
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-4-602. Capital murder charge — Trial procedure.
The following procedures govern a trial of a person charged with capital murder:
(1) The jury shall first hear all evidence relevant to the charge and shall then retire to reach a verdict of guilt or innocence;
(2) If the defendant is found not guilty of the capital offense charged but guilty of a lesser included offense, the sentence shall be determined and imposed as provided by law;
(3)(A) If the defendant is found guilty of capital murder, the same jury shall sit again in order to:
(i) Hear additional evidence as provided by subdivisions (4) and (5) of this section; and
(ii) Determine the sentence in the manner provided by § 5-4-603.
(B) However, if the state waives the death penalty, stipulates that no aggravating circumstance exists, or stipulates that mitigating circumstances outweigh aggravating circumstances, then:
(i) A hearing under subdivision (3)(A) of this section is not required; and
(ii) The trial court shall sentence the defendant to life imprisonment without parole.
(C) If the defendant was less than eighteen (18) years of age at the time of the offense, then a hearing under subdivision (3)(A) of this section is not required;
(4)(A) If the defendant and the state are accorded an opportunity to rebut the evidence, in determining the sentence evidence may be presented to the jury as to any:
(i) Matter relating to an aggravating circumstance enumerated in § 5-4-604;
(ii) Mitigating circumstance; or
(iii) Other matter relevant to punishment, including, but not limited to, victim impact evidence.
(B)(i) Evidence as to any mitigating circumstance may be presented by either the state or the defendant regardless of the evidence's admissibility under the rules governing admission of
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-4-602
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-4-602. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-4-605. Mitigating circumstances.
A mitigating circumstance includes, but is not limited to, the following:
(1) The capital murder was committed while the defendant was under extreme mental or emotional disturbance;
(2) The capital murder was committed while the defendant was acting under an unusual pressure or influence or under the domination of another person;
(3) The capital murder was committed while the capacity of the defendant to appreciate the wrongfulness of his or her conduct or to conform his or her conduct to the requirements of law was impaired as a result of mental disease or defect, intoxication, or drug abuse;
(4) The youth of the defendant at the time of the commission of the capital murder;
(5) The capital murder was committed by another person and the defendant was an accomplice and his or her participation was relatively minor; or
(6) The defendant has no significant history of prior criminal activity.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-4-605
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-4-605. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-4-607. Application for executive clemency — Regulations.
(a) The pardon of a person convicted of capital murder, § 5-10-101, or of a Class Y felony, Class A felony, or Class B felony, or the commutation of a sentence of a person convicted of capital murder, § 5-10-101, or of a Class Y felony, Class A felony, or Class B felony, may be granted only in the manner provided in this section.
(b)(1) A copy of the application for pardon or commutation shall be filed with:
(A) The Secretary of State;
(B) The Attorney General;
(C) The sheriff of the county where the offense was committed;
(D) The prosecuting attorney of the judicial district where the applicant was found guilty and sentenced, if still in office, and, if not, the successor of that prosecuting attorney;
(E) The circuit judge presiding over the proceedings at which the applicant was found guilty and sentenced, if still in office, and, if not, the successor of that circuit judge; and
(F) The victim of the crime or the victim's next of kin, if he or she files a request for notice with the prosecuting attorney.
(2)(A) The application shall set forth a ground upon which the pardon or commutation is sought.
(B) If the application involves a conviction for capital murder, § 5-10-101, a notice of the application shall be published by two (2) insertions, separated by a minimum of seven (7) days, in a newspaper of general circulation in the county or counties where the offense or offenses of the applicant were committed.
(c) On granting an application for pardon or commutation, the Governor shall:
(1) Include in his or her written order the reason for the granting of the application; and
(2) File with the House of Representatives and the Senate a copy of his or her written order which shall state
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-4-607
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-4-607. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-4-608. Waiver of death penalty.
(a) If a defendant is charged with capital murder, with the permission of the court the prosecuting attorney may waive the death penalty.
(b) In a case described in subsection (a) of this section, if the defendant pleads guilty to capital murder or is found guilty of capital murder after trial to the court or to a jury, the trial court shall sentence the defendant to life imprisonment without parole.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-4-608
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-4-608. This identifies an authority to review, not proof of applicability.