§ 23A-27A-1 Mitigating and aggravating circumstances considered by judge or jury
§ 23A-27A-2 Presentence hearing required–Relevant evidence
§ 23A-27A-3 Jury to determine existence of mitigating or aggravating circumstances–Instructions to jury
§ 23A-27A-4 Aggravating circumstance and recommendation of death penalty required for Class A felony death sentencing–Life imprisonment–Bench trial or guilty plea
§ 23A-27A-5 Written designation of aggravating circumstances required
§ 23A-27A-6 Designation by judge in nonjury cases–At least one aggravating circumstance required for death penalty imposition
§ 23A-27A-7 Sentence of death–Copies of judgment provided to officials
§ 23A-27A-8 Accumulation of prior capital felony records by Supreme Court–Staff and methods
§ 23A-27A-9 Review by Supreme Court required when death penalty imposed–Procedure
§ 23A-27A-10 Sentence review consolidated with direct appeal–Decision
§ 23A-27A-11 Procedure on appeal from capital punishment case–Briefs–Oral argument
§ 23A-27A-12 Factors reviewed by Supreme Court regarding sentence
§ 23A-27A-13 Reference to similar cases to be included in decision–Death sentence affirmed or set aside–Similar-case records provided to resentencing judge
§ 23A-27A-14 Life imprisonment when death penalty held unconstitutional
§ 23A-27A-15 Warrant of death sentence and execution–Time of execution
§ 23A-27A-16 Delivery of defendant with warrant to state correctional facility
§ 23A-27A-17 Date and time of execution–Secretary of corrections to make public announcement
§ 23A-27A-19 Investigation by Governor
§ 23A-27A-20 Reprieve or suspension of sentence by Governor during investigation
§ 23A-27A-21 Power to reprieve or suspend sentence limited to Governor–Exception
§ 23A-27A-22 Mental incompetence of defendant–Notice to Governor, secretary of corrections, and sentencing court
§ 23A-27A-22.1 Hearings and examinations regarding mental competence of defendant–Change in circumstances
§ 23A-27A-22.2 Psychiatric examination
§ 23A-27A-22.3 Psychiatric report
§ 23A-27A-22.4 Video tape record of psychiatric examination
§ 23A-27A-22.5 Counsel for defendant–Rights afforded at hearing
§ 23A-27A-24 Defendant incompetent to be executed–Suspension of sentence–Confinement–Periodic review
§ 23A-27A-26 Defendant mentally competent to be executed–Warrant of death sentence and execution–Time of execution
§ 23A-27A-26.1 Death penalty not to be imposed on intellectually disabled person
§ 23A-27A-26.2 Intellectual disability defined
§ 23A-27A-26.3 Procedures for determining intellectual disability of defendant
§ 23A-27A-26.4 Appeal by state
§ 23A-27A-26.5 Examination of defendant by expert designated by state–Videotaped recording–Defendant’s statements inadmissible except as to issue of intellectual disability
§ 23A-27A-27 Pregnancy of defendant–Examination–Report
§ 23A-27A-28 Suspension of sentence if defendant pregnant
§ 23A-27A-29 Defendant no longer pregnant–Execution warrant issued
§ 23A-27A-31 Warrant appointing new time for execution issued by sentencing court if defendant not executed within original time period
§ 23A-27A-31.2 Confidentiality of identity of person or entity supplying or administering intravenous injection substance–Violation as misdemeanor
§ 23A-27A-32 Place and manner of execution–Qualifications to administer intravenous injection–Substances dispensed to secretary of corrections or designee without prescription
§ 23A-27A-32.1 Execution of persons convicted before July 1, 2007–Choice of manner of execution
§ 23A-27A-33 Place for persons and equipment provided at correctional facility
§ 23A-27A-34 Attendance at execution by attorney general, sentencing judge, state’s attorney, sheriff, representatives of victim, news media, and additional citizens approved by secretary of corrections
§ 23A-27A-34.1 Attendance at execution by person trained to pronounce death, corrections staff, and law enforcement officers
§ 23A-27A-34.2 Witnesses permitted to defendant at execution
§ 23A-27A-36 Other persons not permitted to attend
§ 23A-27A-37 Secrecy of execution time–Disclosure as misdemeanor
§ 23A-27A-37.2 Postmortem examination by county coroner
§ 23A-27A-37.3 Autopsy
§ 23A-27A-39 Interment of body unless claimed by relative
§ 23A-27A-40.1 Certificate of execution
§ 23A-27A-42 Death penalty prohibited for defendant younger than eighteen when offense committed
§ 23A-27A-43 Immunity of persons participating and cooperating in execution
§ 23A-27A-44 Effect of amendment and repeal of sections
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Terms Used In South Dakota Codified Laws > Title 23A > Chapter 27A - Capital Punishment

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Capital offense: A crime punishable by death.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Defense attorney: Represent defendants in criminal matters.
  • Docket: A log containing brief entries of court proceedings.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Seal: includes an impression of the seal upon the paper alone, as well as upon wax or a wafer affixed to the paper, and also the word "seal" written or printed on such paper. See South Dakota Codified Laws 2-14-2
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2