South Dakota statute
SDCL § 23A-27A-12 — Factors reviewed by Supreme Court regarding sentence
Current through text effective June 30, 2026 (through the 2025 Regular Session)
Part of Chapter 27A: Capital Punishment, South Dakota Codified Laws.
Full text of SDCL § 23A-27A-12
Statutory text current through the text effective June 30, 2026 (through the 2025 Regular Session). This publication reproduces the official statutory text; it is not the official statutes of the State of South Dakota.
With regard to the sentence, the Supreme Court shall determine:
(1) Whether the sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary factor; and
(2) Whether the evidence supports the jury's or judge's finding of a statutory aggravating circumstance as enumerated in § 23A-27A-1; and
(3) Whether the sentence of death is excessive or disproportionate to the penalty imposed in similar cases, considering both the crime and the defendant.
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This reference is informational and is not legal advice.