The United States does not have a universal definition of “capital murder” or “first-degree murder.” The legal concept of capital murder refers to a crime of murder punishable by death and is typically referred to as “first-degree murder with special circumstances.” First degree murder with special circumstances refers to homicides that are considered especially heinous, atrocious, or with particular aggravating factors that warrant the possibility of capital punishment. The specific definition and criteria for capital murder vary from state to state due to differences in the criminal codes, statutes, and case law. Generally, capital murder is characterized by the intentional and premeditated killing of another person under circumstances specified
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This statute states that a person commits capital murder if they are acting alone or with more than one other person while committing or attempting to commit terrorism, rape, kidnapping, robbery, aggravated robbery, residential burglary, commercial burglary, aggravated residential burglary, a felony violation of the uniform controlled substances act, involving an actual delivery of a controlled substance, or first degree escape, while in the course of, in furtherance of, or in immediate flight from the felony, the person causes the death of another The statute goes on to state that the premeditated and deliberate purpose of causing the death of any law enforcement officer, parole officer, probation officer, firefighter, jailer, prison official, judge or other court official, any military personnel, or any teacher or school employee, when such person is acting in their line of duty, the offender causing the death of any person, is considered capital murder (AR 5-10-101). The statute also states that causing the death of any person holding public office, causing the death of any person while incarcerated, or hiring someone to cause the death of another individual is considered capital murder. The statute also states that a person who purposely discharges a firearm from a vehicle at a person or at a vehicle, conveyance, or a residential or commercial building that the person knows or could reasonably assume to be occupied …show more content…
Of the states covered in this paper, California is the only one that includes the murder of a fetus in its statute. Under California statute 187, murder is described as the unlawful killing of a human being, or a fetus, with malice aforethought, though this does not apply to any person who commits an act that results in the death of a fetus under the Therapeutic Abortion Act or Reproductive Privacy Act or if the act in question was performed by a certified physician or surgeon who determined with medical certainty that if the pregnancy were to continue, giving birth would result in the death of the pregnant person or would cause a significant adverse outcome (CA California statute 188 defines malice as a forethought. Malice can be expressed or implied. When malice is expressed, there is a deliberate intention to unlawfully take away the life of a fellow creature. When malice is implied, there is no considerate provocation, or circumstances that show an abandoned or malignant heart (CA 188). To be convicted or convicted in California, a defendant must show malice aforethought, which shall not be ascribed to a person based solely on their participation in a crime. All murder that is committed by means of a destructive device, weapon of mass destruction, use of armor, penetrating ammo, poison, lying in wait, torture, or any other willful, deliberate, or premeditated killing is
This statute states that a person commits capital murder if they are acting alone or with more than one other person while committing or attempting to commit terrorism, rape, kidnapping, robbery, aggravated robbery, residential burglary, commercial burglary, aggravated residential burglary, a felony violation of the uniform controlled substances act, involving an actual delivery of a controlled substance, or first degree escape, while in the course of, in furtherance of, or in immediate flight from the felony, the person causes the death of another The statute goes on to state that the premeditated and deliberate purpose of causing the death of any law enforcement officer, parole officer, probation officer, firefighter, jailer, prison official, judge or other court official, any military personnel, or any teacher or school employee, when such person is acting in their line of duty, the offender causing the death of any person, is considered capital murder (AR 5-10-101). The statute also states that causing the death of any person holding public office, causing the death of any person while incarcerated, or hiring someone to cause the death of another individual is considered capital murder. The statute also states that a person who purposely discharges a firearm from a vehicle at a person or at a vehicle, conveyance, or a residential or commercial building that the person knows or could reasonably assume to be occupied …show more content…
Of the states covered in this paper, California is the only one that includes the murder of a fetus in its statute. Under California statute 187, murder is described as the unlawful killing of a human being, or a fetus, with malice aforethought, though this does not apply to any person who commits an act that results in the death of a fetus under the Therapeutic Abortion Act or Reproductive Privacy Act or if the act in question was performed by a certified physician or surgeon who determined with medical certainty that if the pregnancy were to continue, giving birth would result in the death of the pregnant person or would cause a significant adverse outcome (CA California statute 188 defines malice as a forethought. Malice can be expressed or implied. When malice is expressed, there is a deliberate intention to unlawfully take away the life of a fellow creature. When malice is implied, there is no considerate provocation, or circumstances that show an abandoned or malignant heart (CA 188). To be convicted or convicted in California, a defendant must show malice aforethought, which shall not be ascribed to a person based solely on their participation in a crime. All murder that is committed by means of a destructive device, weapon of mass destruction, use of armor, penetrating ammo, poison, lying in wait, torture, or any other willful, deliberate, or premeditated killing is