Alabama death penalty statute allows non-unanimous jury sentencing

In Alabama, a state with high execution rates, the death penalty statute allows juries to sentence defendants to death even without a unanimous decision. This provision applies to approximately 80% of individuals currently on death row in the state.

Research indicates that the history of this non-unanimous sentencing is linked to the state's response to increased Black political participation during the 1960s and 1970s. Legal analysis suggests that such sentencing may be unconstitutional under Alabama state law, prompting arguments for the restoration of jury unanimity in capital sentencing procedures to protect individual rights.