Special circumstances in
criminal law
Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and Well-being, welfare of people inclusive of one's self. Most criminal l ...
are actions of the accused, or conditions under which a
crime
In ordinary language, a crime is an unlawful act punishable by a State (polity), state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definiti ...
, particularly
homicide
Homicide is an act in which a person causes the death of another person. A homicide requires only a Volition (psychology), volitional act, or an omission, that causes the death of another, and thus a homicide may result from Accident, accidenta ...
, was committed. Such factors require or allow for a more severe
punishment
Punishment, commonly, is the imposition of an undesirable or unpleasant outcome upon an individual or group, meted out by an authority—in contexts ranging from child discipline to criminal law—as a deterrent to a particular action or beh ...
.
Special circumstances are
elements of the crime itself, and thus must be proven beyond a
reasonable doubt during the guilt phase of the trial. As such, they are formally distinct from
aggravating circumstances, in that the latter are proven during the
penalty phase of the trial instead.
United States
California
If a defendant is convicted of
first-degree murder and one of 22 listed special circumstances are found to be true, the only possible penalties are
life in prison without the possibility of parole or
death
Death is the end of life; the irreversible cessation of all biological functions that sustain a living organism. Death eventually and inevitably occurs in all organisms. The remains of a former organism normally begin to decompose sh ...
(25 years to life if the defendant was a juvenile). As of March 2019, the
Governor of California
The governor of California is the head of government of the U.S. state of California. The Governor (United States), governor is the commander-in-chief of the California National Guard and the California State Guard.
Established in the Constit ...
placed a moratorium on capital punishment. The 22 listed special circumstances are:
* The murder was committed for financial gain.
* The victim was a peace officer, federal law enforcement officer, or firefighter.
* The victim witnessed a crime and was killed to silence them.
* The victim was a judge, prosecutor, juror, or government official killed in retaliation or to prevent them from performing their duties.
* The defendant has one or more prior murder convictions.
* The defendant is convicted of multiple murders as part of the same trial, at least one of which is first-degree murder.
* The murder was committed by a bomb or destructive device.
* The murder was to prevent arrest or escape.
* The murder was committed by
lying in wait.
* The murder was committed via
poison
A poison is any chemical substance that is harmful or lethal to living organisms. The term is used in a wide range of scientific fields and industries, where it is often specifically defined. It may also be applied colloquially or figurati ...
.
* The murder involved torturing the victim.
* The murder was carried out as part of a hate crime.
* The murder of a witness.
* The murder was because of race, religion, or nationality.
* The murder was in the commission of a
felony
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "''félonie''") to describe an offense that r ...
.
* A murder committed in a
drive-by shooting;
* A murder committed by a street gang member
* The murder was committed in the course of committing, attempting to commit, or immediately after committing specific felonies such as
robbery,
kidnapping
Kidnapping or abduction is the unlawful abduction and confinement of a person against their will, and is a crime in many jurisdictions. Kidnapping may be accomplished by use of force or fear, or a victim may be enticed into confinement by frau ...
,
rape
Rape is a type of sexual assault involving sexual intercourse, or other forms of sexual penetration, carried out against a person without consent. The act may be carried out by physical force, coercion, abuse of authority, or against a person ...
, or
arson.
Connecticut
The state has eight conditions which can lead to a conviction of murder with special circumstances; all mandate life in prison without the possibility of parole.
References
External links
AGGRAVATING FACTORS FOR CAPITAL PUNISHMENT BY STATE ''
Death Penalty Information Center''
Criminal law
{{US-law-stub