Capital Punishment in Oklahoma - Process

Process

• For a sentence of death to be imposed for first-degree murder, at least one or more aggravating circumstances must be found present or the aggravating factors must outweigh the mitigating circumstances:
  • The defendant was previously convicted of a felony involving the use or threat of violence to the person.
  • The defendant knowingly created a great risk of death to more than one person.
  • The person committed the murder for remuneration or the promise of remuneration or employed another to commit the murder for remuneration or the promise of remuneration.
  • The murder was especially heinous, atrocious, or cruel.
  • The murder was committed for the purpose of avoiding or preventing a lawful arrest or prosecution.
  • The murder was committed by a person while serving a sentence of imprisonment on conviction of a felony.
  • The existence of a probability that the defendant would commit criminal acts of violence that would constitute a continuing threat to society.

Otherwise, life imprisonment without parole or life imprisonment are the only sentences allowed.

As in any other state, per federal case law, people who are under 18 at the time of commission of the capital crime or mentally retarded are constitutionally precluded from being executed.

As in all jurisdictions, a sentence of death results in an automatic appeal. The Oklahoma Court of Criminal Appeals reviews the record to determine:

• The legal and factual validity of the verdict.
• Whether the sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary factor.
• Whether the evidence supports the jury's or judge's finding of a statutory aggravating circumstance as enumerated in Section 701.12 of this title.
• In addition to its authority regarding correction of errors, the court, with regard to review of death sentences, shall be authorized to:
  • Affirm the sentence of death; or
  • Set the sentence aside and remand the case for resentencing by the trial court.

The sentence review shall be in addition to direct appeal, if taken, and the review and appeal shall be consolidated for consideration. The court shall render its decision on legal errors enumerated, the factual substantiation of the verdict, and the validity of the sentence.