Special circumstances in
criminal law are actions of the accused, or conditions under which a
crime
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Ca ...
, particularly
homicide, was committed. Such factors require or allow for a more severe
punishment.
Special circumstances are
elements of the crime itself, and thus must be proven beyond a
reasonable doubt
Beyond a reasonable doubt is a legal standard of proof required to validate a criminal conviction in most adversarial legal systems. It is a higher standard of proof than the balance of probabilities standard commonly used in civil cases, bec ...
during the guilt phase of the trial. As such, they are formally distinct from
aggravating circumstances
Aggravation, in law, is "any circumstance attending the commission of a crime or tort which increases its guilt or enormity or adds to its injurious consequences, but which is above and beyond the essential constituents of the crime or tort itself. ...
, in that the latter are proven during the
penalty phase
''Penalty Phase'' is a 1986 American made-for-television thriller drama film directed by Tony Richardson and starring Peter Strauss.
Plot
Supreme court judge, Kenneth Hoffman (Peter Strauss) oversees a high-profile murder trial which appears ...
of the trial instead.
Examples
In
California
California is a state in the Western United States, located along the Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the most populous U.S. state and the 3rd largest by area. It is also the m ...
, if a defendant is convicted of
first-degree murder
Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the ...
and one of 22 listed special circumstances are found to be true, the only possible penalties are
life in prison
Life imprisonment is any sentence of imprisonment for a crime under which convicted people are to remain in prison for the rest of their natural lives or indefinitely until pardoned, paroled, or otherwise commuted to a fixed term. Crimes for ...
without parole or
death
Death is the irreversible cessation of all biological functions that sustain an organism. For organisms with a brain, death can also be defined as the irreversible cessation of functioning of the whole brain, including brainstem, and brain ...
(25 years-to-Life if the defendant was a juvenile). As of March 2019, the Governor of California placed a moratorium on capital punishment.
In
Connecticut
Connecticut () is the southernmost state in the New England region of the Northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, New York to the west, and Long Island Sound to the south. Its capita ...
, there are eight ways to be convicted of murder with special circumstances, all mandating life in prison without the possibility of parole.
References
External links
AGGRAVATING FACTORS FOR CAPITAL PUNISHMENT BY STATE ''
Death Penalty Information Center
The Death Penalty Information Center (DPIC) is a non-profit organization based in Washington, D.C., that focuses on disseminating studies and reports related to the death penalty. Founded in 1990, DPIC is primarily focused on the application of ...
''
Criminal law
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