Capital murder refers to a category of murder in some parts of the US for which the perpetrator is eligible for the death penalty.[1] In its original sense, capital murder was a statutory offence of aggravated murder in Great Britain, Northern Ireland, and the Republic of Ireland, which was later adopted as a legal provision to define certain forms of aggravated murder in the United States. Some jurisdictions that provide for death as a possible punishment for murder, such as California, do not have a specific statute creating or defining a crime known as capital murder; instead, death is one of the possible sentences for certain kinds of murder.[2] In these cases, "capital murder" is not a phrase used in the legal system but may still be used by others such as the media.
In Great Britain, this offence was created by section 5 of the Homicide Act 1957. Previously all murders carried the death penalty on conviction, but the 1957 Act limited the death penalty to the following cases:
Murder in the course or furtherance of theft; s.5(1)(a)
Murder by shooting or by causing an explosion; s.5(1)(b)
Murder in the course or for the purpose of resisting, avoiding or preventing a lawful arrest, or of effecting or assisting an escape or rescue from legal custody; s.5(1)(c)
Murder of a police officer acting in the execution of his duty, or of a person assisting a police officer so acting; s.5(1)(d)
Murder of a prison officer acting in the execution of his duty, or of a person assisting a prison officer so acting, by a person who was a prisoner at the time when he did or was a party to the murder; s.5(1)(e).
In all other cases murder carried the mandatory penalty of imprisonment for life.
Section 1 of the Murder (Abolition of Death Penalty) Act 1965 abolished the separate category of capital murder, and all murders now carry the mandatory penalty of imprisonment for life.
China
China is reportedly one of the most prolific capital punishment practitioners[citation needed], although the actual number of executions is a state secret and can only be roughly estimated.[3] China employs methods such as firing squads, lethal injections, and mobile death vans that have resulted in thousands of executions every year[citation needed].
China's homicide rate has dropped and about 6,522 people were murdered in 2021[citation needed]. Reasons for this could be that civilians are not able to own guns[citation needed] and that the public is watched by millions of surveillance cameras[citation needed]. Intentional homicide will be sentenced to life imprisonment, fixed-term imprisonment for at least 10 years, and death. Minor instances in this circumstance will receive fixed-term imprisonment of more than 3 years, but less than 10.[4]
(4) For the purpose of any proceedings on or subsequent to a person's trial on a charge of capital murder, that charge and any plea or finding of guilty of capital murder shall be treated as being or having been a charge, or a plea or finding of guilty, of murder only; and if at the commencement of this Act a person is under a sentence of death for capital murder, the sentence shall have effect as a sentence of imprisonment for life. (5) In this section "capital murder" means a murder which immediately before the commencement of this Act is a capital murder within the meaning of section 10 of the Criminal Justice Act (Northern Ireland) 1966.[5]
To be found guilty of capital murder, a person had to be charged in the indictment with "capital murder" rather than "murder".[9] A defendant on trial for "capital murder" could be found not guilty of capital murder but guilty of murder or manslaughter as a lesser included offence.[10] The meaning of "capital murder" under the 1964 act was elucidated by the Supreme Court in the 1977 case of Noel and Marie Murray, convicted by the Special Criminal Court (SCC) of capital murder after the 1975 shooting of a Garda, who was off duty and not in uniform, giving chase after they had robbed a bank. The court held that "capital murder" was a new offence, not merely a subtype of the existing common law offence of murder; and that the Garda was acting "in the course of his duty", despite not being on duty; but that, as he was in plain clothes, the Murrays did not know he was a Garda; and so, while there was intent (mens rea) to commit murder, there was no intent to commit capital murder.[11] The Supreme Court substituted a conviction of simple murder for Noel Murray; Marie Murray was retried by the SCC for simple murder and convicted. After the Murrays, nine others were convicted of capital murder, all of whom were sentenced to death by the SCC for murders committed between 1980 and 1986 of Gardaí acting in the course of their duty. All sentences were commuted to life imprisonment by President Patrick Hillery on the advice of the Government; of these, Peter Pringle's conviction was overturned in 1995 as unsafe.
The Criminal Justice Act 1990 abolished the death penalty for all offences and repealed the provisions of the 1964 act relating to capital murder.[12] Section 3 of the 1990 act listed the same circumstances of murder as those which the 1964 act designated as "capital murder", and sections 4 and 5 specified stronger minimum sentence and remission rules for murders in those circumstances than for other murders.[13] Several legal texts call this "aggravated murder".[14] The indictment must specify that section 3 of the 1990 act applies to the murder,[15] and the act amended earlier statutes to replace "capital murder" with "murder to which section 3 of the Criminal Justice Act 1990 applies".[16] While this is the legal description,[17] and as such used in later statutes,[18] such murders are often called "capital murder" by the media,[19] and the term has been used by judges in jury instructions.[20] After the 2020 shooting of an on-duty Garda, the killer was charged in 2021 with "capital murder, contrary to common law as provided for by Section 4 of the Criminal Justice Act 1964, Section 3 (1) (a), Section 3 (2) and Section 4 of the Criminal Justice Act 1990".[21]
United States
Legal meaning
The term "capital murder" is used in only eight U.S. states; however, 27 states and United States federal government currently allow capital punishment,[22] and each has its own terminology for an offence punishable by death. In most states, the term "first-degree murder" is used; others may use the term "aggravated murder" (such as New York, Ohio, Oregon, Utah, Vermont, and Virginia (since 2021)), and some use simply "murder". The seven states that use the term "capital murder" are Alabama, Arkansas, California, Kansas, Mississippi, New Hampshire, and Texas. The state of Georgia uses the term "malicious murder".
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:
The victim is a police officer, firefighter, paramedic or similar public safety professional and was killed while on duty
The victim is killed during the commission of another violent felony, such as armed robbery, kidnapping, arson, etc. (felony murder)
The victim is tortured, raped or sexually assaulted, particularly if the victim is a child
Multiple murders are committed pursuant to one another[citation needed]
The victim is murdered based on race, national origin, and other associated groups [citation needed]
The victim is a witness to a crime
Some states may include other factors which amount to capital murder or its legal equivalent.
Punishment
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.
The United States Supreme Court has placed limitations on the use of the death penalty and has prohibited its use in cases where the offender is mentally incompetent,[23] or was under the age of 18 at the time of the offense.[24]
↑ Bohm, Robert (1999). DeathQuest: An Introduction to the Theory and Practice of Capital Punishment in the United States (4thed.). Routledge. ISBN1437734936.
↑ People (DPP) v Murray [1977] IR 360; O'Connor, Paul (Winter 1979). "Capital Murder and the Supreme Court". Irish Jurist. New series, Vol. 14 (2): 329–333. JSTOR44027413.
↑ Criminal Justice Act 1990 s. 1 and Second Schedule
Walsh, Dermot (2002). Criminal procedure. Dublin: Thomson Round Hall. pp.1022–1024. ISBN978-1-85800-223-1. The 1990 Act also abolished the distinct offence of capital murder and introduced in its place a new offence of 'murder to which section 3 applies'
Stanton, David (22 February 2017). "Minimum Custodial Periods upon Conviction for Murder Bill 2017: Second Stage". Seanad Éireann (25th Seanad) debates. Houses of the Oireachtas. Retrieved 28 January 2020. the existing offence of murder under section 3 of the Criminal Justice Act 1990, formerly known as capital murder
"Detention after arrest". www.citizensinformation.ie. 17 February 2015. Retrieved 28 January 2020. Section 50 of the Criminal Justice Act 2007 applies to detention in connection with the following offences: [...] Murder to which Section 3 of the Criminal Justice Act 1990 applies (includes the murder of a Garda or prison officer)
Clarke, Frank (18 July 2013). "Callan -v- Ireland & anor". §2.1. [2013] IESC 35 2 – via British and Irish Legal Information Institute. In substance, the 1990 Act abolished the death penalty and thus the separate crime of capital murder of which Mr. Callan had been convicted. However, what replaced capital murder was what might be called s. 3 murder involving the same ingredients as the former crime of capital murder.
"Jury begins deliberations in trial of Stephen Silver for murder of Garda Colm Horkan". The Irish Times. 15 November 2022. Retrieved 16 March 2023. Mr Justice Paul McDermott ... outlined to the jury the verdicts available to them; guilty of the charge of capital murder, not guilty of capital murder but guilty of murder, guilty of manslaughter or guilty of manslaughter by reason of diminished responsibility.
Lally, Conor; Dunne, Ryan. "Emotional scenes as Stephen Silver convicted of capital murder of Det Colm Horkan". The Irish Times. No.16 March 2023. Retrieved 16 March 2023. Ms Justice Tara Burns at the Central Criminal Court told the jury members the possible verdicts they could consider related to capital murder, murder simpliciter, or manslaughter either because of diminished responsibility or self-defence.
An assault is the illegal act of causing physical harm or unwanted physical contact to another person, or, in some legal definitions, the threat or attempt to do so. It is both a crime and a tort and, therefore, may result in criminal prosecution, civil liability, or both. Additionally, assault is a criminal act in which a person intentionally causes fear of physical harm or offensive contact to another person. Assault can be committed with or without a weapon and can range from physical violence to threats of violence. Assault is frequently referred to as an attempt to commit battery, which is the deliberate use of physical force against another person. The deliberate inflicting of fear, apprehension, or terror is another definition of assault that can be found in several legal systems. Depending on the severity of the offense, assault may result in a fine, imprisonment, or even death.
Perjury is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding.
Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state. A person who commits treason is known in law as a traitor.
Life imprisonment is any sentence of imprisonment for a crime under which convicted criminals are to remain in prison for the rest of their natural lives. Crimes that warrant life imprisonment are extremely serious and usually violent. Examples of these crimes are murder, torture, terrorism, child abuse resulting in death, rape, espionage, treason, illegal drug trade, human trafficking, severe fraud and financial crimes, aggravated property damage, arson, hate crime, kidnapping, burglary, robbery, theft, piracy, aircraft hijacking, and genocide.
The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder: when someone is killed in the commission of a dangerous or enumerated crime, the offender, and also the offender's accomplices or co-conspirators, may be found guilty of murder.
Capital punishment in India is a legal penalty for some crimes under the country's main substantive penal legislation, the Indian Penal Code, as well as other laws. Executions are carried out by hanging as the primary method of execution per Section 354(5) of the Criminal Code of Procedure, 1973 is "Hanging by the neck until dead", and is imposed only in the 'rarest of cases'.
Mandatory sentencing requires that offenders serve a predefined term of imprisonment for certain crimes, commonly serious or violent offenses. Judges are bound by law; these sentences are produced through the legislature, not the judicial system. They are instituted to expedite the sentencing process and limit the possibility of irregularity of outcomes due to judicial discretion. Mandatory sentences are typically given to people who are convicted of certain serious and/or violent crimes, and require a prison sentence. Mandatory sentencing laws vary across nations; they are more prevalent in common law jurisdictions because civil law jurisdictions usually prescribe minimum and maximum sentences for every type of crime in explicit laws.
The Special Criminal Court is a juryless criminal court in Ireland which tries terrorism and serious organised crime cases.
The Offences against the Person Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to offences against the person from a number of earlier statutes into a single Act. For the most part these provisions were, according to the draftsman of the Act, incorporated with little or no variation in their phraseology. It is one of a group of Acts sometimes referred to as the Criminal Law Consolidation Acts 1861. It was passed with the object of simplifying the law. It is essentially a revised version of an earlier consolidation act, the Offences Against the Person Act 1828, incorporating subsequent statutes.
Assault occasioning actual bodily harm is a statutory offence of aggravated assault in England and Wales, Northern Ireland, the Australian Capital Territory, New South Wales, Hong Kong and the Solomon Islands. It has been abolished in the Republic of Ireland and in South Australia, but replaced with a similar offence.
Causing death by dangerous driving is a statutory offence in England and Wales, Scotland and Northern Ireland, as well as Hong Kong. It is an aggravated form of dangerous driving. In the UK, it was created by section 1 of the Road Traffic Act 1988, and in Hong Kong it was created by section 36 of the Road Traffic Ordinance.
The Homicide Act 1957 is an Act of the Parliament of the United Kingdom. It was enacted as a partial reform of the common law offence of murder in English law by abolishing the doctrine of constructive malice, reforming the partial defence of provocation, and by introducing the partial defences of diminished responsibility and suicide pact. It restricted the use of the death penalty for murder.
Murder is an offence under the common law legal system of England and Wales. It is considered the most serious form of homicide, in which one person kills another with the intention to unlawfully cause either death or serious injury. The element of intentionality was originally termed malice aforethought, although it required neither malice nor premeditation. Baker, chapter 14 states that many killings done with a high degree of subjective recklessness were treated as murder from the 12th century right through until the 1974 decision in DPP v Hyam.
Rape is a type of sexual assault initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, under threat or manipulation, by impersonation, or with a person who is incapable of giving valid consent.
Although the legal system of Singapore is a common law system, the criminal law of Singapore is largely statutory in nature and historically derives largely from the Indian penal code. The general principles of criminal law, as well as the elements and penalties of general criminal offences such as assault, criminal intimidation, mischief, grievous hurt, theft, extortion, sex crimes and cheating, are set out in the Singaporean Penal Code. Other serious offences are created by statutes such as the Arms Offences Act, Kidnapping Act, Misuse of Drugs Act and Vandalism Act.
The Piracy Act 1837 is an Act of the Parliament of the United Kingdom. It abolished the death penalty for most offences of piracy, but created a new offence often known as piracy with violence, which was punishable with death. This offence still exists in the United Kingdom and in Ireland, but is no longer punishable by death in either country.
The Crimes Act1900 (NSW) is an Act of the Parliament of New South Wales that defines an extensive list of offences and sets out punishments for the majority of criminal offences in New South Wales (NSW), Australia. The Act, alongside the Crimes Act 1914 (Cth) and the Criminal Code Act 1995 (Cth), form the almost complete basis of criminal law for the State. It is the primary criminal law statute of NSW, and which formed the basis for the Australian Capital Territory's Crimes Act1900 (ACT).
Capital punishment in the Republic of Ireland was abolished in statute law in 1990, having been abolished in 1964 for most offences including ordinary murder. The last person to be executed was Michael Manning, hanged for murder in 1954. All subsequent death sentences in the Republic of Ireland, the last handed down in 1985, were commuted by the President, on the advice of the Government, to terms of imprisonment of up to 40 years. The Twenty-first Amendment to the constitution, passed by referendum in 2001, prohibits the reintroduction of the death penalty, even during a state of emergency or war. Capital punishment is also forbidden by several human rights treaties to which the state is a party.
Soliciting to murder is a statutory offence of incitement in England and Wales and Northern Ireland and the Republic of Ireland.
Capital punishment in Bangladesh is a legal form of punishment for anyone who is over 16, however in practice it would not apply to people under 18. Crimes that are currently punishable by death in Bangladesh are set out in the Penal Code 1860. These include waging war against the State, abetting mutiny, giving false evidence upon which an innocent person suffers death, murder, assisted suicide of a child, attempted murder of a child, and kidnapping. The Code of Criminal Procedure 1898 provides that a person awarded the death penalty "be hanged by the neck until he is dead." For murder cases, the Appellate Division requires trial courts to weigh aggravating and mitigating factors to determine whether the death penalty is warranted.
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