Capital punishment in Arizona

Capital punishment is a legal penalty in the U.S. state of Arizona.

Legislation

In 1973, following the U.S. Supreme Court decision in Furman v. Georgia, the Arizona State Legislature enacted A.R.S. § 13–454, setting forth the state's procedures for death penalty cases. The statute provided for a separate sentencing hearing to be held before the trial court, rather than a jury, and enumerated six aggravating circumstances that could be considered in deciding whether to impose a death sentence. Between 1978 and 1993, the Legislature codified four additional aggravating circumstances.

Capital crimes

The following aggravating circumstances constitute capital murder in the State of Arizona:^[1]

1. prior conviction for which a sentence of life imprisonment or death was imposable;
2. prior serious offense involving the use or threat of violence;
3. grave risk of death to others;
4. procurement of murder by payment or promise of payment;
5. commission of murder for pecuniary gain;
6. murder committed in an especially heinous, cruel, or depraved manner;
7. murder committed while in custody;
8. multiple homicides;
9. murder of a victim under 15 years of age or of a victim 70 years of age or older; and
10. murder of a law enforcement officer.

Legal process

When the prosecution seeks the death penalty, the sentence is decided by the jury and must be unanimous.

In case of a hung jury during the penalty phase of the trial, a retrial happens before another jury. If the second jury is also deadlocked, a life sentence is issued.^[2]

The Governor of Arizona can grant clemency only with advice and consent of the five-member Arizona Board of Executive Clemency.^[3]

Method of execution

The method of execution employed in Arizona is lethal injection.^[4] However, if convicted for a crime committed prior to November 23, 1992, the inmate may choose between lethal injection and gas inhalation.^[5]

Death row

Arizona's death row for males is located at the Arizona State Prison Complex – Eyman in Florence. Female death row prisoners are housed at the Arizona State Prison Complex – Perryville in Goodyear.

Executions

Since capital punishment was resumed in 1976, 37 individuals in Arizona were convicted of murder and have been executed at Florence State Prison in Florence, Arizona.^[6]

See also

• Capital punishment in the United States
• List of death row inmates in the United States
• List of people executed in Arizona
• Crime in Arizona

References

1. "Capital Punishment in Arizona" (PDF). Azag.gov. Retrieved 2016-07-21.
2. "§ 13-752 Sentences of death, life imprisonment or natural life; imposition; sentencing proceedings; definitions". Law.justia.com. Retrieved June 7, 2016.
3. "Title 31 - Prisons and Prisoners". Azleg.gov. Retrieved June 7, 2016.
4. "Arizona - Capital Punishment - Death Penalty". Deathpenalty.uslegal.com. 1992-11-23. Retrieved 2016-07-21.
5. "Methods of Execution". Clarkprosecutor.org. Retrieved 2016-07-21.

External links

• Arizona Department of Corrections -- Death Row and Executions