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2021 Georgia Code
Title 17 - Criminal Procedure
Chapter 10 - Sentence and Punishment
Article 2 - Death Penalty Generally
- § 17-10-30. Procedure for Imposition of Death Penalty Generally
- § 17-10-30.1. Imprisonment for Life Without Parole; Finding of Statutory Aggravating Circumstance Required; Duties of Judge and Jury
- § 17-10-31. Requirement of Jury Finding of Aggravating Circumstance and Recommendation of Death Penalty Prior to Imposition; Arguments of Counsel During Sentencing Phase; Jury Instructions; Actions of Judge in Event of Failure to Reach Unanimous Verdict
- § 17-10-31.1. Requirement of Jury Finding of Aggravating Circumstance and Recommendation of Sentence of Death or Life Without Parole; Duties of Judge; Jury Instruction on Meaning of "Life Without Parole" and "Life imprisonment."
- § 17-10-32. Sentencing of Person Indicted for Capital Offense to Life Imprisonment or Other Punishment Upon Plea of Guilty
- § 17-10-32.1. Sentencing of Person Subject to Death Penalty or Life Without Parole Upon Plea of Guilty; Duties of Judge
- § 17-10-33. Imposition of Sentence of Death Upon Judgment of Death; to Whom Copies of Sentence Sent; Conveying Defendant to State Correctional Institution; Expenses of Transporting Defendant
- § 17-10-34. Sentence to Specify Time Period for and Place of Execution; Appointing Time Period for Execution of Pregnant Female
- § 17-10-35. Review of Death Sentences by Supreme Court; Forwarding of Record and Transcript; Scope of Review; Written Briefs and Oral Argument; Similar Cases to Be Included in Decision; Direct Appeal to Be Consolidated With Sentence Review
- § 17-10-35.1. Review of Pretrial Proceedings When Death Penalty Is Sought; Reports Investigating Reversible Error; Transmittal of Reports to Supreme Court; Orders Regarding Review; Attorney General Assistance; Res Judicata; Applicability; Waiver of Rights
- § 17-10-35.2. Hearing to Determine Appropriateness of Interim Appellate Review of Pretrial Rulings
- § 17-10-36. Establishment of Unified Review Procedure by Supreme Court; Effect on Habeas Corpus
- § 17-10-37. Appointment of Assistant to Supreme Court to Review Death Sentences; Employment of Staff to Compile Data
- § 17-10-38. Death Sentences Generally
- § 17-10-39. Procedure for Determination if Female Sentenced to Death Is Pregnant; Suspension of Execution of Sentence; Issuance of New Order for Execution of Sentence; Entry of Order Upon Minutes of Court
- § 17-10-40. Change of Time Period for Execution When Time Period Set for Execution Has Passed; Recordation on Court Minutes; Length of and Time Limitation for New Time Period for Execution; Setting Day and Time for Execution
- § 17-10-41. Persons Required to Be Present at Executions
- § 17-10-42. Preparation and Filing of Certification of Execution
- § 17-10-42.1. Participation of Medical Professionals in Executions
- § 17-10-43. Disposition of Body of Executed Person; Payment of Expenses of Transporting Body
- § 17-10-44. Apparatus, Machinery, and Appliances
Cross references.
- Constitutional guarantee against deprivation of life without due process, Ga. Const. 1983, Art. I, Sec. I, Para. I.
Law reviews.- For article, "Death Penalty," see 66 Mercer L. Rev. 51 (2014). For annual survey on death penalty law, see 70 Mercer L. Rev. 73 (2018). For note on 2000 amendments of O.C.G.A. ยงยง 17-10-33,17-10-38,17-10-41, and17-10-44, see 17 Ga. St. U.L. Rev. 116 (2000). For note, "An Aggravating Adolescence: An Analysis of Juvenile Convictions as Statutory Aggravators in Capital Cases," see 51 Ga. L. Rev. 673 (2017).
U.S. Code.- Stay of execution, Federal Rules of Criminal Procedure, Rule 38.
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