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Special circumstances in criminal law are actions of the accused, or conditions under which a crime, 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 during the guilt phase of the trial.
Also known as first degree murder with special circumstances, capital murder is distinguishable from first-degree murder in that the death penalty may be imposed upon conviction. The circumstances which allow for the death penalty (If the defendant was under 18, the only penalties are life without parole or 25 years to life.
Under Penal Code Section 190.2, “special circumstances”, all murders committed during the commission, attempted commission, or immediate flight of any of the listed felonies also qualify as a special circumstance for the charge of first degree murder with special circumstances. Thus, all felony murder charges will also be special ...
First Degree Murder (no aggravating circumstances) Life (minimum of 51 years, eligible for parole after 20 years if the defendant was under 18) [33] First Degree Murder (aggravating circumstances) Death, life without parole, or life (minimum of 51 years, eligible for parole after 30 years and only an option if defendant was under 18)
In New York, first-degree murder involves "special circumstances", such as the murder of a police officer or witness to a crime, multiple murders, or murders involving torture. [21] Under this system, second-degree murder is any other premeditated murder. [22] The New York statutes also recognize "murder for hire" as first-degree murder.
However, Joshi is troubled that Alameda County prosecutors, under District Attorney Pamela Price, did not add the multiple murder special circumstance, which would eliminate the possibility of ...
Murder with special circumstances meant that, if convicted, White could have faced the death penalty. [20] White's defense team claimed that he suffered from depression at the time of the shootings, evidenced by many changes in his behavior, including changes in his diet.
California Proposition 7, or the Death Penalty Act, is a ballot proposition approved in California by statewide ballot on November 7, 1978. Proposition 7 increased the penalties for first degree murder and second degree murder, expanded the list of special circumstances requiring a death sentence or life imprisonment without the possibility of parole, and revised existing law relating to ...