A mitigating circumstance includes, but is not limited to, the following:(1) The capital murder was committed while the defendant was under extreme mental or emotional disturbance;(2) The capital murder was committed while the defendant was acting under an unusual pressure or influence or under the domination of another person;(3) The capital murder was committed while the capacity of the defendant to appreciate the wrongfulness of his or her conduct or to conform his or her conduct to the requirements of law was impaired as a result of mental disease or defect, intoxication, or drug abuse;(4) The youth of the defendant at the time of the commission of the capital murder;(5) The capital murder was committed by another person and the defendant was an accomplice and his or her participation was relatively minor; or(6) The defendant has no significant history of prior criminal activity.Acts 1975, No. 280, § 1304; A.S.A. 1947, § 41-1304.
Arkansas Legal Code