Capital punishment is a legal penalty in the U.S. state of Arizona.
Contents
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:
- prior conviction for which a sentence of life imprisonment or death was imposable;
- prior serious offense involving the use or threat of violence;
- grave risk of death to others;
- procurement of murder by payment or promise of payment;
- commission of murder for pecuniary gain;
- murder committed in an especially heinous, cruel, or depraved manner;
- murder committed while in custody;
- multiple homicides;
- murder of a victim under 15 years of age or of a victim 70 years of age or older; and
- 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.
The Governor of Arizona can grant clemency only with advice and consent of the five-member Arizona Board of Executive Clemency.
Method of execution
The method of execution employed in Arizona is lethal injection. However, if convicted for a crime committed prior to November 23, 1992, the inmate may choose between lethal injection and gas inhalation.
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.