§ 12-19.2-4 - Consideration of aggravating and mitigating circumstances.
SECTION 12-19.2-4
§ 12-19.2-4 Consideration of aggravatingand mitigating circumstances. – At the presentence hearing, following a finding that one or more of thecircumstances enumerated in § 11-23-2 or 11-23-2.1 as the basis forimposition of a sentence of life imprisonment without parole was involved inthe first degree murder of which the defendant has been convicted, the courtshall consider evidence regarding the nature and circumstances of the offenseand the personal history, character, record, and propensities of the defendantwhich are relevant to the sentencing determination. After hearing evidence andargument regarding the aggravating and mitigating circumstances relating to theoffense and the defendant, the court shall, in its discretion, sentence thedefendant to life imprisonment without parole or to life imprisonment. Thecourt shall state on the record its reasons for imposing its sentence.