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§21-701.11.
§21-701.11.
In the sentencing proceeding, the statutory instructions as determined
by the trial judge to be warranted by the evidence shall be given in
the charge and in writing to the jury for its deliberation. The jury,
if its verdict be a unanimous recommendation of death, shall designate
in writing, signed by the foreman of the jury, the statutory
aggravating circumstance or circumstances which it unanimously found
beyond a reasonable doubt. In nonjury cases the judge shall make such
designation. Unless at least one of the statutory aggravating
circumstances enumerated in this act is so found or if it is found
that any such aggravating circumstance is outweighed by the finding of
one or more mitigating circumstances, the death penalty shall not be
imposed. If the jury cannot, within a reasonable time, agree as to
punishment, the judge shall dismiss the jury and impose a sentence of
imprisonment for life without parole or imprisonment for life.
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