Arkansas Code Title 5, Subtitle 1, Chapter 4, Subchapter 6 - Trial and Sentence -- Capital Murder

• § 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...
• § 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...
• § 5-4-603 - Findings Required for Death Sentence -- Harmless Error Review.
  (a) The jury shall impose a sentence of death if the jury unanimously returns written findings that: (1) An aggravating circumstance exists beyond a...
• § 5-4-604 - Aggravating Circumstances.
  An aggravating circumstance is limited to the following: (1) The capital murder was committed by a person imprisoned as a result of a felony...
• § 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...
• § 5-4-606 - Life Imprisonment Without Parole.
  A person sentenced to life imprisonment without parole shall: (1) Be remanded to the custody of the Department of Correction for imprisonment for the...
• § 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...
• § 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...
• § 5-4-609 -- 5-4-614 - [Reserved.]
• § 5-4-615 - Conviction -- Punishments.
  A person convicted of a capital offense shall be punished by death by lethal injection or by life imprisonment without parole pursuant to this
• § 5-4-616 - Procedures Following Remand of Capital Case After Vacation of Death Sentence -- Retroactive Application.
  (a) Notwithstanding § 5-4-602(3) that requires that the same jury sit in the sentencing phase of a capital murder trial, the following shall apply:...
• § 5-4-617 - Method of Execution.
  (a) The Department of Correction shall carry out the sentence of death by intravenous lethal injection of the drug or drugs described in subsection...
• § 5-4-618 - Mental Retardation.
  (a) (1) As used in this section, "mental retardation" means: (A) Significantly subaverage general intellectual functioning accompanied by a significant deficit or impairment in...

Last modified: November 15, 2016