reglab/housing_qa huggingface dataset:
AL Code § 13A-5-44 (2021)
2021 Code of Alabama|Title 13A - Criminal Code.|Chapter 5 - Punishments and Sentences.|Article 2 - Death Penalty and Life Imprisonment Without Parole.|Section 13A-5-44 - Jury Selection and Separation; Waiver by Defendant of Jury Participation in Sentence Hearing.

Section 13A-5-44Jury selection and separation; waiver by defendant of jury participation in sentence hearing. (a) The selection of the jury for the trial of a capital case shall include the selection of at least two alternate jurors chosen according to procedures specified by law or court rule. (b) The separation of the jury during the pendency of the trial of a capital case shall be governed by applicable law or court rule. (c) Notwithstanding any other provision of law, the defendant with the consent of the state and with the approval of the court may waive the participation of a jury in the sentence hearing provided in Section 13A-5-46. Provided, however, before any such waiver is valid, it must affirmatively appear in the record that the defendant himself has freely waived his right to the participation of a jury in the sentence proceeding, after having been expressly informed of such right. (Acts 1981, No. 81-178, p. 203, §6.)
AL Code § 13A-5-47 (2021)
2021 Code of Alabama|Title 13A - Criminal Code.|Chapter 5 - Punishments and Sentences.|Article 2 - Death Penalty and Life Imprisonment Without Parole.|Section 13A-5-47 - Determination of Sentence by Court; Presentation of Arguments on Aggravating and Mitigating Circumstances; Court to Enter Written Findings.

Section 13A-5-47Determination of sentence by court; presentation of arguments on aggravating and mitigating circumstances; court to enter written findings. (a) After the sentence hearing has been conducted, and after the jury has returned a verdict, or after such a verdict has been waived as provided in Section 13A-5-46(a) or Section 13A-5-46(g), the trial court shall impose sentence. Where the jury has returned a verdict of death, the court shall sentence the defendant to death. Where a sentence of death is not returned by the jury, the court shall sentence the defendant to life imprisonment without parole. This code section shall not affect a trial court's power to sentence in accordance with a guilty plea. (b) Where the sentencing jury is waived pursuant to Section 13A-5-44 and before imposing sentence the trial court shall permit the parties to present arguments concerning the existence of aggravating and mitigating circumstances and the proper sentence to be imposed in the case. The order of the arguments shall be the same as at the trial of a case. The trial court, based upon evidence presented at trial and the evidence presented during the sentence hearing and any evidence submitted in connection with it, shall enter specific written findings concerning the existence or nonexistence of each aggravating circumstance enumerated in Section 13A-5-49, each mitigating circumstance enumerated in Section 13A-5-51, and any additional mitigating circumstances offered pursuant to Section 13A-5-52. The trial court shall also enter written findings of facts summarizing the crime and the defendant's participation in it. In deciding upon the sentence, the trial court shall determine whether the aggravating circumstances it finds to exist outweigh the mitigating circumstances it finds to exist. (Acts 1981, No. 81-178, p. 203, §9; Act 2017-131, §1.)
AL Code § 13A-5-47.1 (2021)
2021 Code of Alabama|Title 13A - Criminal Code.|Chapter 5 - Punishments and Sentences.|Article 2 - Death Penalty and Life Imprisonment Without Parole.|Section 13A-5-47.1 - Application of Provisions Prohibiting Court From Overriding Jury Verdict in Capital Cases.

Section 13A-5-47.1Application of provisions prohibiting court from overriding jury verdict in capital cases. Sections 13A-5-45, 13A-5-46, and 13A-5-47 shall apply to any defendant who is charged with capital murder after April 11, 2017, and shall not apply retroactively to any defendant who has previously been convicted of capital murder and sentenced to death prior to April 11, 2017. (Act 2017-131, §2.)
AL Code § 13A-5-48 (2021)
2021 Code of Alabama|Title 13A - Criminal Code.|Chapter 5 - Punishments and Sentences.|Article 2 - Death Penalty and Life Imprisonment Without Parole.|Section 13A-5-48 - Process of Weighing Aggravating and Mitigating Circumstances Defined.

Section 13A-5-48Process of weighing aggravating and mitigating circumstances defined. The process described in Sections 13A-5-46(e)(2), 13A-5- 46(e)(3) and Section 13A-5-47(e) of weighing the aggravating and mitigating circumstances to determine the sentence shall not be defined to mean a mere tallying of aggravating and mitigating circumstances for the purpose of numerical comparison. Instead, it shall be defined to mean a process by which circumstances relevant to sentence are marshalled and considered in an organized fashion for the purpose of determining whether the proper sentence in view of all the relevant circumstances in an individual case is life imprisonment without parole or death. (Acts 1981, No. 81-178, p. 203, §10.)
AL Code § 13A-5-49 (2021)
2021 Code of Alabama|Title 13A - Criminal Code.|Chapter 5 - Punishments and Sentences.|Article 2 - Death Penalty and Life Imprisonment Without Parole.|Section 13A-5-49 - Aggravating Circumstances.

Section 13A-5-49Aggravating circumstances. Aggravating circumstances shall be any of the following:  (1) The capital offense was committed by a person under sentence of imprisonment. (2) The defendant was previously convicted of another capital offense or a felony involving the use or threat of violence to the person. (3) The defendant knowingly created a great risk of death to many persons.  (4) The capital offense was committed while the defendant was engaged or was an accomplice in the commission of, or an attempt to commit, or flight after committing, or attempting to commit, rape, robbery, burglary, or kidnapping. (5) The capital offense was committed for the purpose of avoiding or preventing a lawful arrest or effecting an escape from custody. (6) The capital offense was committed for pecuniary gain. (7) The capital offense was committed to disrupt or hinder the lawful exercise of any governmental function or the enforcement of laws. (8) The capital offense was especially heinous, atrocious, or cruel compared to other capital offenses. (9) The defendant intentionally caused the death of two or more persons by one act or pursuant to one scheme or course of conduct.  (10) The capital offense was one of a series of intentional killings committed by the defendant. (11) The capital offense was committed when the victim was less than 14 years of age. (12) The capital offense was committed by the defendant in the presence of a child under the age of 14 years at the time of the offense, if the victim was the parent or legal guardian of the child. For the purposes of this subdivision, "in the presence of a child" means in the physical presence of a child or having knowledge that a child is present and may see or hear the act. (13) The victim of the capital offense was any police officer, sheriff, deputy, state trooper, federal law enforcement officer, or any other state or federal peace officer of any kind, or prison or jail guard, while the officer or guard was on duty, regardless of whether the defendant knew or should have known the victim was an officer or guard on duty, or because of some official or job-related act or performance of the officer or guard. (14) The victim of the capital offense was a first responder who was operating in an official capacity. For the purposes of this subdivision, first responder includes emergency medical services personnel licensed by the Alabama Department of Public Health, as well as firefighters and volunteer firefighters as defined by Section 36-32-1. (Acts 1981, No. 81-178, p. 203, §11; Acts 1982, No. 82-567, p. 945, §1; Act 99-403, p. 683, §1; Act 2018-537, §2; Act 2019-514, §2.)
AL Code § 13A-5-50 (2021)
2021 Code of Alabama|Title 13A - Criminal Code.|Chapter 5 - Punishments and Sentences.|Article 2 - Death Penalty and Life Imprisonment Without Parole.|Section 13A-5-50 - Consideration of Aggravating Circumstances in Sentence Determination.

Section 13A-5-50Consideration of aggravating circumstances in sentence determination. The fact that a particular capital offense as defined in Section 13A-5-40(a) necessarily includes one or more aggravating circumstances as specified in Section 13A-5-49 shall not be construed to preclude the finding and consideration of that relevant circumstance or circumstances in determining sentence. By way of illustration and not limitation, the aggravating circumstance specified in Section 13A-5-49(4) shall be found and considered in determining sentence in every case in which a defendant is convicted of the capital offenses defined in subdivisions (1) through (4) of subsection (a) of Section 13A-5-40. (Acts 1981, No. 81-178, p. 203, §12; Acts 1982, No. 82-567, p. 945, §1.)
AL Code § 13A-5-51 (2021)
2021 Code of Alabama|Title 13A - Criminal Code.|Chapter 5 - Punishments and Sentences.|Article 2 - Death Penalty and Life Imprisonment Without Parole.|Section 13A-5-51 - Mitigating Circumstances - Generally.

Section 13A-5-51Mitigating circumstances - Generally. Mitigating circumstances shall include, but not be limited to. the following: (1) The defendant has no significant history of prior criminal activity; (2) The capital offense was committed while the defendant was under the influence of extreme mental or emotional disturbance; (3) The victim was a participant in the defendant's conduct or consented to it; (4) The defendant was an accomplice in the capital offense committed by another person and his participation was relatively minor; (5) The defendant acted under extreme duress or under the substantial domination of another person; (6) The capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of law was substantially impaired; and (7) The age of the defendant at the time of the crime. (Acts 1981, No. 81-178, §13.)
AL Code § 13A-5-52 (2021)
2021 Code of Alabama|Title 13A - Criminal Code.|Chapter 5 - Punishments and Sentences.|Article 2 - Death Penalty and Life Imprisonment Without Parole.|Section 13A-5-52 - Mitigating Circumstances - Inclusion of Defendant's Character, Record, Etc.

Section 13A-5-52Mitigating circumstances - Inclusion of defendant's character, record, etc. In addition to the mitigating circumstances specified in Section 13A-5-51, mitigating circumstances shall include any aspect of a defendant's character or record and any of the circumstances of the offense that the defendant offers as a basis for a sentence of life imprisonment without parole instead of death, and any other relevant mitigating circumstance which the defendant offers as a basis for a sentence of life imprisonment without parole instead of death. (Acts 1981, No. 81-178, §14.)
AL Code § 13A-5-54 (2021)
2021 Code of Alabama|Title 13A - Criminal Code.|Chapter 5 - Punishments and Sentences.|Article 2 - Death Penalty and Life Imprisonment Without Parole.|Section 13A-5-54 - Appointment of Experienced Counsel for Indigent Defendants.

Section 13A-5-54Appointment of experienced counsel for indigent defendants. Each person indicted for an offense punishable under the provisions of this article who is not able to afford legal counsel must be provided with court appointed counsel having no less than five years' prior experience in the active practice of criminal law. (Acts 1981, No. 81-178, §16.)
AL Code § 13A-5-55 (2021)
2021 Code of Alabama|Title 13A - Criminal Code.|Chapter 5 - Punishments and Sentences.|Article 2 - Death Penalty and Life Imprisonment Without Parole.|Section 13A-5-55 - Conviction and Sentence of Death Subject to Automatic Review.

Section 13A-5-55Conviction and sentence of death subject to automatic review. In all cases in which a defendant is sentenced to death, the judgment of conviction shall be subject to automatic review. The sentence of death shall be subject to review as provided in Section 13A-5-53. (Acts 1981, No. 81-178, §17.)
AL Code § 13A-5-56 (2021)
2021 Code of Alabama|Title 13A - Criminal Code.|Chapter 5 - Punishments and Sentences.|Article 2 - Death Penalty and Life Imprisonment Without Parole.|Section 13A-5-56 - Supreme Court to Promulgate Indictment Forms, Verdict Forms and Jury Instructions.

Section 13A-5-56Supreme Court to promulgate indictment forms, verdict forms and jury instructions. The Alabama Supreme Court shall promulgate pattern indictment forms for use in cases in which indictments charging offenses defined in Section 13A-5-40(a) are thereafter returned. The Alabama Supreme Court shall also promulgate pattern verdict forms and pattern jury instructions for the trial and sentencing aspects of cases tried thereafter under this article, insofar as such verdicts and instructions relate to the particularities of cases tried under this article. (Acts 1981, No. 81-178, §18.)
AL Code § 13A-5-57 (2021)
2021 Code of Alabama|Title 13A - Criminal Code.|Chapter 5 - Punishments and Sentences.|Article 2 - Death Penalty and Life Imprisonment Without Parole.|Section 13A-5-57 - Application of Article to Conduct After Effective Date.

Section 13A-5-57Application of article to conduct after effective date. (a) This article applies only to conduct occurring after 12:01 A.M. on July 1, 1981. Conduct occurring before 12:01 A.M. on July 1, 1981 shall be governed by pre-existing law. (b) Sections 13A-5-30 through 13A-5-38 are hereby repealed. All other laws or parts of laws in conflict with this article are hereby repealed. This repealer shall not affect the application of pre-existing law to conduct occurring before 12:01 A.M. on July 1, 1981. (Acts 1981, No. 81-178, p. 203, §§19, 20.)
AL Code § 13A-5-58 (2021)
2021 Code of Alabama|Title 13A - Criminal Code.|Chapter 5 - Punishments and Sentences.|Article 2 - Death Penalty and Life Imprisonment Without Parole.|Section 13A-5-58 - Interpretation of Article.

Section 13A-5-58Interpretation of article. This article shall be interpreted, and if necessary reinterpreted, to be constitutional. (Acts 1981, No. 81-178, §21.)
AL Code § 13A-5-59 (2021)
2021 Code of Alabama|Title 13A - Criminal Code.|Chapter 5 - Punishments and Sentences.|Article 2 - Death Penalty and Life Imprisonment Without Parole.|Section 13A-5-59 - Application of Article Upon Finding of Unconstitutionality.

Section 13A-5-59Application of article upon finding of unconstitutionality. It is the intent of the Legislature that if the death penalty provisions of this article are declared unconstitutional and if the offensive provision or provisions cannot be reinterpreted so as to provide a constitutional death penalty, or if the death penalty is ever declared to be unconstitutional per se, that the defendants who have been sentenced to death under this article shall be re-sentenced to life imprisonment without parole. It is also the intent of the Legislature that in the event that the death penalty provisions of this article are declared unconstitutional and if they cannot be reinterpreted to provide a constitutional death penalty, or if the death penalty is ever declared to be unconstitutional per se, that defendants convicted thereafter for committing crimes specified in Section 13A-5-40(a) shall be sentenced to life imprisonment without parole. (Acts 1981, No. 81-178, §23.)
AL Code § 13A-6-1 (2021)
2021 Code of Alabama|Title 13A - Criminal Code.|Chapter 6 - Offenses Involving Danger to the Person.|Article 1 - Homicide.|Section 13A-6-1 - Definitions.

Section 13A-6-1Definitions. (a) As used in Article 1 and Article 2, the following terms shall have the meanings ascribed to them by this section: (1) CRIMINAL HOMICIDE. Murder, manslaughter, or criminally negligent homicide. (2) HOMICIDE. A person commits criminal homicide if he intentionally, knowingly, recklessly or with criminal negligence causes the death of another person. (3) PERSON. The term, when referring to the victim of a criminal homicide or assault, means a human being, including an unborn child in utero at any stage of development, regardless of viability. (b) Article 1 or Article 2 shall not apply to the death or injury to an unborn child alleged to be caused by medication or medical care or treatment provided to a pregnant woman when performed by a physician or other licensed health care provider. Mistake, or unintentional error on the part of a licensed physician or other licensed health care provider or his or her employee or agent or any person acting on behalf of the patient shall not subject the licensed physician or other licensed health care provider or person acting on behalf of the patient to any criminal liability under this section. Medical care or treatment includes, but is not limited to, ordering, dispensation or administration of prescribed medications and medical procedures. (c) A victim of domestic violence or sexual assault may not be charged under Article 1 or Article 2 for the injury or death of an unborn child caused by a crime of domestic violence or rape perpetrated upon her. (d) Nothing in Article 1 or Article 2 shall permit the prosecution of (1) any person for conduct relating to an abortion for which the consent of the pregnant woman or a person authorized by law to act on her behalf has been obtained or for which consent is implied by law or (2) any woman with respect to her unborn child. (e) Nothing in this section shall make it a crime to perform or obtain an abortion that is otherwise legal. Nothing in this section shall be construed to make an abortion legal which is not otherwise authorized by law. (Acts 1977, No. 607, p. 812, §2001; Act 2006-419, p. 1042, §§1, 2.)
AL Code § 13A-6-2 (2021)
2021 Code of Alabama|Title 13A - Criminal Code.|Chapter 6 - Offenses Involving Danger to the Person.|Article 1 - Homicide.|Section 13A-6-2 - Murder.

Section 13A-6-2Murder. (a) A person commits the crime of murder if he or she does any of the following: (1) With intent to cause the death of another person, he or she causes the death of that person or of another person. (2) Under circumstances manifesting extreme indifference to human life, he or she recklessly engages in conduct which creates a grave risk of death to a person other than himself or herself, and thereby causes the death of another person. (3) He or she commits or attempts to commit arson in the first degree, burglary in the first or second degree, escape in the first degree, kidnapping in the first degree, rape in the first degree, robbery in any degree, sodomy in the first degree, aggravated child abuse under Section 26-15-3.1, or any other felony clearly dangerous to human life and, in the course of and in furtherance of the crime that he or she is committing or attempting to commit, or in immediate flight therefrom, he or she, or another participant if there be any, causes the death of any person. (4) He or she commits the crime of arson and a qualified governmental or volunteer firefighter or other public safety officer dies while performing his or her duty resulting from the arson. (b) A person does not commit murder under subdivisions (a)(1) or (a)(2) of this section if he or she was moved to act by a sudden heat of passion caused by provocation recognized by law, and before there had been a reasonable time for the passion to cool and for reason to reassert itself. The burden of injecting the issue of killing under legal provocation is on the defendant, but this does not shift the burden of proof. This subsection does not apply to a prosecution for, or preclude a conviction of, manslaughter or other crime. (c) Murder is a Class A felony; provided, that the punishment for murder or any offense committed under aggravated circumstances by a person 18 years of age or older, as provided by Article 2 of Chapter 5 of this title, is death or life imprisonment without parole, which punishment shall be determined and fixed as provided by Article 2 of Chapter 5 of this title or any amendments thereto. The punishment for murder or any offense committed under aggravated circumstances by a person under the age of 18 years, as provided by Article 2 of Chapter 5, is either life imprisonment without parole, or life, which punishment shall be determined and fixed as provided by Article 2 of Chapter 5 of this title or any amendments thereto and the applicable Alabama Rules of Criminal Procedure. If the defendant is sentenced to life on a capital offense, the defendant must serve a minimum of 30 years, day for day, prior to first consideration of parole. (Acts 1977, No. 607, p. 812, §2005; Act 2006-427, p. 1057, §1; Act 2016-29, §2; Act 2016-360, §1.)
AL Code § 13A-6-3 (2021)
2021 Code of Alabama|Title 13A - Criminal Code.|Chapter 6 - Offenses Involving Danger to the Person.|Article 1 - Homicide.|Section 13A-6-3 - Manslaughter.

Section 13A-6-3Manslaughter. (a) A person commits the crime of manslaughter if: (1) He recklessly causes the death of another person, or (2) He causes the death of another person under circumstances that would constitute murder under Section 13A-6-2; except, that he causes the death due to a sudden heat of passion caused by provocation recognized by law, and before a reasonable time for the passion to cool and for reason to reassert itself. (b) Manslaughter is a Class B felony. (Acts 1977, No. 607, p. 812, §2010; Acts 1987, No. 87-713, p. 1260.)
AL Code § 13A-6-4 (2021)
2021 Code of Alabama|Title 13A - Criminal Code.|Chapter 6 - Offenses Involving Danger to the Person.|Article 1 - Homicide.|Section 13A-6-4 - Criminally Negligent Homicide.

Section 13A-6-4Criminally negligent homicide. (a) A person commits the crime of criminally negligent homicide if he or she causes the death of another person by criminal negligence. (b) The jury may consider statutes and ordinances regulating the actor's conduct in determining whether the actor is culpably negligent under subsection (a). (c) Criminally negligent homicide is a Class A misdemeanor, except in cases in which the criminally negligent homicide is caused by the driver or operator of a vehicle or vessel who is driving or operating the vehicle or vessel in violation of Section 32-5A-191 or 32-5A-191.3; in these cases, criminally negligent homicide is a Class C felony. (Acts 1977, No. 607, p. 812, §2015; Acts 1979, No. 79-664, p. 1163, §1; Acts 1988, 1st Sp. Sess., No. 88-916, p. 510, §1; Act 2014-427, p. 1574, §1.)
AL Code § 13A-6-20 (2021)
2021 Code of Alabama|Title 13A - Criminal Code.|Chapter 6 - Offenses Involving Danger to the Person.|Article 2 - Assaults.|Section 13A-6-20 - Assault in the First Degree.

Section 13A-6-20Assault in the first degree. (a) A person commits the crime of assault in the first degree if: (1) With intent to cause serious physical injury to another person, he or she causes serious physical injury to any person by means of a deadly weapon or a dangerous instrument; or (2) With intent to disfigure another person seriously and permanently, or to destroy, amputate, or disable permanently a member or organ of the body of another person, he or she causes such an injury to any person; or (3) Under circumstances manifesting extreme indifference to the value of human life, he or she recklessly engages in conduct which creates a grave risk of death to another person, and thereby causes serious physical injury to any person; or (4) In the course of and in furtherance of the commission or attempted commission of arson in the first degree, burglary in the first or second degree, escape in the first degree, kidnapping in the first degree, rape in the first degree, robbery in any degree, sodomy in the first degree or any other felony clearly dangerous to human life, or of immediate flight therefrom, he or she causes a serious physical injury to another person; or (5) While driving under the influence of alcohol or a controlled substance or any combination thereof in violation of Section 32-5A-191 or 32-5A-191.3, he or she causes serious physical injury to the person of another with a vehicle or vessel. (b) Assault in the first degree is a Class B felony. (Acts 1977, No. 607, p. 812, §2101; Acts 1987, No. 87-712, p. 1259; Act 2014-427, p. 1574, §1.)