(a) Where, upon a trial by jury, a person is convicted of murder, a
sentence of death or life without parole shall not be imposed unless
the jury verdict includes a finding of at least one statutory
aggravating circumstance and a recommendation that such sentence be
imposed. (b) Where a statutory aggravating circumstance is found and a recommendation of life without parole is made, the court shall sentence the defendant to imprisonment for life without parole as provided in Code Section 17-10-16. (c) Where a jury has been impaneled to determine sentence and the
jury has unanimously found the existence of at least one statutory
aggravating circumstance but is unable to reach a unanimous verdict
as to sentence, the judge shall dismiss the jury and shall impose a
sentence of either life imprisonment or imprisonment for life
without parole. In imposing sentence, the judge may sentence the
defendant to imprisonment for life without parole only if the court
finds beyond a reasonable doubt that the defendant committed at
least one statutory aggravating circumstance and the trial court has
been informed by the jury foreman that upon their last vote, a
majority of the jurors cast their vote for a sentence of death or
for a sentence of life imprisonment without parole; provided,
however, that the trial judge may impose a sentence of life
imprisonment as provided by law. (d) Notwithstanding any other provision of law, during the
sentencing phase before a jury, counsel for the state and the
accused may present argument and the trial judge may instruct the
jury: (1) That "life without parole" means that the defendant shall be
incarcerated for the remainder of his or her natural life and
shall not be eligible for parole unless such person is
subsequently adjudicated to be innocent of the offense for which
he or she was sentenced; and (2) That "life imprisonment" means that the defendant will be
incarcerated for the remainder of his or her natural life but will
be eligible for parole during the term of such sentence. |