|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
HARRY HUGHES, Governor
|
|
1513
|
|
|
|
|
|
|
|
|
|
|
|
|
Annotated Code of Maryland
(1982 Replacement Volume and 1982 Supplement)
|
|
|
|
|
|
|
|
|
|
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
|
|
|
|
|
|
|
|
|
|
Article 27 - Crimes and Punishments
|
|
|
|
|
|
|
|
|
413.
|
|
|
|
|
|
|
|
|
(a) If a person is found guilty of murder in the first
degree, and if the State had given the notice; required under §
412(b), a separate sentencing proceeding shall be conducted as
soon as practicable after the trial has been completed to
determine whether he shall be sentenced to death or imprisonment
for life.
(c) (1) The following type of evidence is admissible in
this proceeding:
|
|
|
|
|
|
|
|
|
|
(i) Evidence relating to any mitigating
circumstance listed in subsection (g);
|
|
|
|
|
|
|
|
|
|
(ii) Evidence relating to any aggravating
circumstance listed in subsection (d) of which the State had
notified the defendant pursuant to § 412(b);
(iii) Evidence of any prior criminal
convictions, pleas of guilty or nolo contendere, or the absence
of such prior convictions or pleas, to the same extent admissible
in other sentencing procedures;
(iv) Any presentence investigation report.
However, any recommendation as to sentence contained in the
report is not admissible; and
(v) Any other evidence that the court deems of
probative value and relevant to sentence, provided the defendant
is accorded a fair opportunity to rebut any statements.
(2) The State and the defendant or his counsel may
present argument for or against the sentence of death.
(3) After presentation of the evidence in a
proceeding before a jury, in addition to any other appropriate
instructions permitted by law, the court shall instruct the jury
as to the findings it must make in order to determine whether the
sentence shall be death or imprisonment for life and the burden
of proof applicable to these findings in accordance with
subsection (f) or (h).
(d) In determining the sentence, the court or jury, as the
case may be, shall first consider whether, beyond a reasonable
doubt, any of the following aggravating circumstances exist:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
