United States[edit]
Legal Meaning[edit]
The term "capital murder" is used in only a handful of U.S. states; however, 32 states and United States federal government currently allow for capital punishment. [2] and each has its own terminology for an offense punishable by death. In most states, the term "First-Degree Murder" is used; others may use the term "Aggravated Murder" (such as Ohio), and some use simply "Murder" (such as Alabama). Only a few states use the term "Capital Murder" (such as Texas).
Terminology is varied, however, and not all offenses are parallel between the states. In some, first-degree murder is a very broad term defined by a number of circumstances, only a few of which make a defendant eligible for execution. In other jurisdictions, an offense carrying the death penalty is strictly defined and is separate from other, similar crimes.
Although legal definitions vary, capital murder in the United States usually means murder involving one or more of the following factors:
Victim is a police officer, firefighter, or paramedic
Victim is a child
Committed during the commission of another violent felony, such as burglary, sexual assault, kidnapping, etc.
Multiple murders committed pursuant to one another
Murder-for-hire
Some states may include other factors which amount to capital murder or its legal equivalent.
Punishment[edit]
Capital offenses in the United States are not punishable by death exclusively. Most states afford courts the option of imposing either the death penalty or a life sentence upon conviction, though lesser sentences are rare and in some cases legally impossible. Depending on the state, the presiding judge may determine the sentence, or the decision may be left to the jury.
Capital murder
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