Understanding Capital Murders: Key Differences and Legal Implications

Did you know that the term capital is from the Latin word for head and the reason we use it to describe charges goes back to when they used to publicly behead criminals?

We'll explore the concept of capital murder to help you understand what it means when a criminal defense attorney or prosecutor uses the term. Then we'll look at two of the main countries capital murder is still used in a criminal homicide case. We'll also discuss possible sentences, defenses, and capital murder in Texas.

Finally, we'll answer some frequently asked questions about capital murders. Keep reading to learn about capital murder.

What constitutes capital murder?

Capital murders are used in China and the United States of America. Each country and state has a slightly different capital murder meaning and potential sentences. Let's look at each of these. Because the majority of our viewers are in the U.S, we'll focus on those first.

Capital murder definition USA

Capital murders are first degree murders committed under special circumstances. This is the highest charge that can be used when a person commits murder. This charge is used when the courts believe they can prove beyond a shadow of a doubt that the person planned, acted willingly, and intended to kill the person.

When someone is charged with capital murder that is because the prosecution wants to pursue either the death penalty or a sentence of life imprisonment without the possibility of parole.

Each state will define special circumstances through legislation to provide guidance about when it is appropriate for prosecutors to charge a defendant with capital murder instead of first degree murder.

It should be noted that even if states do not have a specific capital murder charge that they may still be able to sentence a criminal to death or life without parole. Learn about the different types of murder.

Capital murder in China

China uses capital punishment extensively. According to World Coalition.org up to 90% of the worlds death sentences are in China. In other words, don't take a human life in China.

There may be other countries around the globe that use capital punishment, but many locations view it as inhumane, while others just kill anyone who disagrees with the government.

Capital murders examples

According to Mcready Law Group some of the reasons a state or country might pursue capital murder include:

• Killing law enforcement officers

• Killing government employees or witnesses

• Murdering a child

• Murdering someone in the commission of another felony

• Killing to escape imprisonment

• Killing another prisoner.

• For-profit murders

• Gang-related activity (drive-bys)

• Murder plus sexual assault

• Murder during arson

What is the sentence for capital murder?

The sentence for capital homicide is either life imprisonment or the death penalty. Assuming the criminal is found guilty they will be sentenced by the court based on the information in the criminal trial.

Below we'll discuss the states that a court can use the death penalty and which states have a maximum of life in prison when someone commits a crime.

Death penalty

When a person is convicted in a criminal proceeding, the court may sentence the person to the death penalty for a capital felony in the states listed below. Each state has rules about whether a person can be put to death by electric chair or lethal injection.

Before death, capital murder appeals must be completed to carry out the sentencing. This commonly takes years. Learn more on Death Penalty Information Center.

It should be noted that the governors of California, Ohio, Oregon, and Pennsylvania have put holds on executions for personal reasons or until the laws can be changed. Federal government capital felony charges are rare and each President can create an executive order to set the policy during their term.

Life imprisonment

The following states only allow life imprisonment and do not allow executions: Alaska, Colorado, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Rhode Island, Vermont, Virginia, Washington, West Virginia, Wisconsin.

Washington D.C. also does not allow execution for any degree murder.

Possible Defenses For Capital Murder

When someone faces capital murder or first degree murder charges possible defense strategies will normally focus on creating reasonable doubt. There are a few things you should expect as you go through the criminal justice system.

1. Don't talk to anyone about your crime without a lawyer. A police officer will attempt to get you to talk and all you should do is ask for a lawyer. Don't talk on the phones about your charges either. They can be used as evidence.

2. You'll want to document everything you remember so that you can provide information for the lawyer to attempt to get evidence ruled as inadmissible in court.

3. Look for ways to discredit evidence that may be used in court. For instance, O.J Simpson got away murder just because of the line "If the glove doesn't fit, you must acquit."

4. Depending on the circumstances you can try to get the charge dropped down from capital murder to second-degree murder or manslaughter. This can work in certain circumstances.

5. A crime of sudden passion can often be adequate cause for a court to rule that it wasn't premeditated murder. Sudden passion arising might be when you come in to find some skank riding your husband, you push her, and she flies out the window.

6. Five out of six death sentences get thrown out on criminal appeals so even if you are found guilty there's a good chance your case gets reduced.

7. There's also guilty by reason of insanity, but those are harder to prove than they were back in the days of mental asylums.

   
   

Capital Murders In Texas

The Texas penal code is one of the most commonly used for capital murders due to the size of Texas population and the conservative nature of the state. Let's look at some of the information specific to Texas in this section. All information in the sections about Texas are based on Texas Penal Code Chapter 19.

What’s the biggest difference between a murder and capital murder charge in Texas?

The biggest difference between a murder and capital murder charge in Texas is that a murder charge is punishable by five to 99 years, while capital murder may involve the death penalty or life without parole.

Capital murder is the only way that the penal institution can implement the death penalty in Texas.

What are these aggravating factors that make a murder a capital murder?

There are ten aggravating circumstances that are defined by int the Texas Penal Code Chapter 19, section 19.03. In addition to meeting the definition of murder, one or more of the following instances need to be present.

1. The victim of the homicide is a peace officer or fireman who is performing an official duty. The prosecution will need to prove that the killer knew they were working in the police or fire department.

2. The murder is intentionally committed during a(n) aggravated sexual assault, arson, burglary, kidnapping, obstruction, retaliation, robbery, or terroristic threat.

3. The murder is financial gain. This applies both to the murderer and the person who pays them in cases like hired assassins.The murder does not have to be successful for it to be an aggravating factor.

4. The murder occurs during an attempted or successful prison break.

5. The murderer kills a person employed by a prison. This may also apply if they kill a subcontractor to the prison system. T

6. An incarcerated person kills another inmate while in prison.

7. The person intentionally commits more than one murder in the same criminal transaction or while pursuing the same scheme..

8. The victim is under 10 years of age.

9. The person kills someone while retaliating for their role in the official duty as a judge or justice of the constitutional county court, court of appeals, court of criminal appeals, criminal district court, district court, justice court, municipal court, statutory county court, or supreme court.

   
   

Does the prosecutor always have to charge someone with capital murder if the case fits one of those categories?

No. Prosecutors do not have to charge someone who fits the categories listed above with capital murder. Prosecutors have extensive experience trying cases and may use their discretion to decide whether to go for capital murder, manslaughter (Typically a second degree felony), or criminally negligent homicide(Considered a state jail felony).

Capital Murders FAQ

What is a capital crime?

A capital crime is a crime where the death penalty can be used if convicted. While murder is the most common type of capital crime, people can also be put to death for espionage (spying against the U.S.), kidnapping, rape/aggravated sexual assault, terrorism, treason (supporting enemies during war), and war crimes.

When someone is charged with a capital crime, the trial first decides whether the person is guilty of the crime, then whether the crime deserves the death penalty.

How many murders per capita are there in the United States?

According to the CDC there are 7.7 murders per 100,000 people. The murder rate since the pandemic is substantially higher than anytime since 9/11, but also much lower than rates in the 80s and 90s.

What is aggravated sexual assault?

Aggravated sexual assault is any unwanted sexual activity combined with other scenarios such as serious bodily injury,threats to the victims life, kidnapping, or the commission of other crimes. It normally carries more fines and jail time than standard sexual assault cases because of the severity of the crime.

What is non-capital murder?

Non-capital murder is a murder that does not pursue the death penalty. Most states will not seek the death penalty if the case lacks enough proof to substantiate premeditation or aggravating circumstances.

Despite avoiding the death penalty, the legal system can still require the killer to spend a long time in a penal institution.

If I’m facing murder charges, can I still avoid a capital murder charge?

YES! You'll want to hire a great lawyer as soon as you are arrested, follow all their advice, and do not share any information about your case with anyone else.

Are capital murder charges allowed in the UK or EU?

No. Any country that signed the European Convention on Human Rights is not allowed to reinstate the death penalty according to Visit Heritage.

According to the London Museum, Great Britain allowed capital murder charges until 1965 when the death penalty was suspended for five years, before being made permanent in 1969, then banned entirely in 1998.

Before 1965, the death penalty was allowed when killing someone in the commission of theft, with a fire arm or explosives, while being arrested, or while in detention.

Most places give a murderer a mandatory life sentence.

Conclusion

Capital murder is a serious charge. Taking the life of any human being is a sad event. If you are concerned about a murder charge, make sure to contact a lawyer. I'd also suggest getting help for families of murderers and their victims.

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