Capital murder involves
murder plus some type of aggravating circumstance, such as murdering a police officer or firefighter while they are on duty, murdering a person while committing another felony like rape or abduction, or murdering a child.
From wikipedia:
The following are capital crimes in Arkansas:
- Treason; and
- Murder involving one of the following aggravating factors:[4]
- The murder was committed by an offender imprisoned as a result of a felony conviction.
- The murder was committed by an offender escaped after being sentenced to imprisonment as a result of a felony conviction.
- The offender previously committed another felony, an element of which was the use or threat of violence to another person or the creation of a substantial risk of death or serious physical injury to another person.
- The offender in the commission of the capital murder knowingly created a great risk of death to a person other than the victim or caused the death of more than one person in the same criminal episode.
- The murder was committed for the purpose of avoiding or preventing an arrest or effecting an escape from custody.
- The murder was committed for pecuniary gain.
- The murder was committed for the purpose of disrupting or hindering the lawful exercise of any government or political function.
- The murder was committed in an especially cruel or depraved manner, that is, preceded by mental anguish, serious physical abuse, or torture upon the victim prior to the murder.
- The murder was committed by means of a destructive device, bomb, explosive, or similar device that the person planted, hid, or concealed in any place, area, dwelling, building, or structure, or mailed or delivered, or caused to be planted, hidden, concealed, mailed, or delivered, and the person knew that his or her act would create a great risk of death to human life.
- The murder was committed against a person whom the defendant knew or reasonably should have known was especially vulnerable to the attack because:
- Of either a temporary or permanent severe physical or mental disability which would interfere with the victim's ability to flee or to defend himself or herself; or
- The victim was 12 years of age or younger.