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Arkansas Capital Punishment Laws

More Information on Capital Punishment Laws

Code Section 5-4-601, et seq.; 5-51-201
Is Capital Punishment Allowed?Yes, capital murder
Effect of Defendant's IncapacityIf no aggravating circumstances are found or if mitigating circumstances outweigh aggravating circumstances, the court shall impose life in prison without parole; no defendant with mental retardation at the time of committing murder shall be sentenced to death
Minimum AgeChronological age does not necessarily control jury's determination (Giles v. Statz 549 S.W. 2d 479 (1977))
Available for Crimes Other than Homicide?Treason
Definition of Capital HomicideHomicide committed by a person incarcerated for felony conviction; committed by person unlawfully at liberty after being imprisoned for felony conviction; use of threat or violence in commission of felony; knowingly created grave risk of death to person other than victim or caused the death of more than one person in the same criminal episode; committed in order to prevent arrest or escape custody; committed for pecuniary gain; committed for purposes of disrupting/hindering lawful exercise of any government or political function; especially cruel or depraved manner by use of torture or methods evidencing the defendant's pleasure in committing the murder; committed by means of destructive explosive, bomb, similar device
Method of ExecutionLethal injection or electrocution if lethal injection held unconstitutional

Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.

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