Arkansas Capital Punishment Laws
|Code Section||5-4-601, et seq.; 5-51-201|
|Is Capital Punishment Allowed?||Yes, capital murder|
|Effect of Defendant's Incapacity||If 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 Age||Chronological 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 Homicide||Homicide 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 Execution||Lethal injection or electrocution if lethal injection held unconstitutional|
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