Anyone who is dealing with a murder charge needs to know what special circumstances are because if a jury finds one of them to be true, they may impose a life in prison without parole sentence, or worse, the death penalty. Learn more about special circumstances and feel free to come discuss the specifics of your case with expert criminal defense attorney Dan Chambers of the Chambers Law Firm.
United States Constitutional Amendment in 1789
The United State Constitution condemns “cruel and unusual punishment” of those who have been accused of a crime in the Tenth Article. This article is part of a series of articles that explain what needs to happen and not happen at criminal trials: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
Supreme Court Ruling in 1972
The United States Supreme Court applied this constitutional amendment to explain their ruling that it was unconstitutional for juries to impose the death penalty on some defendants and not others, without having a logical system to determine when to sentence someone to death. The Court decided that juries had been sentencing people to death in a rather random way, so it was determined a “cruel and unusual” way of treating defendants.
California Law
After this ruling, all of the states, including California, had to adapt their juries’ sentencing procedures so that they would no longer be able to randomly sentence some people to death and not others. The law that eventually was put into place in California limited juries’ ability to impose the death penalty on someone found guilty of murder because of personal preferences. Now, the law indicates that a defendant can only be sentenced to death for first degree murder if the murder involved a special circumstance.
What are special circumstances?
Penal Code 190.2 PC specifically indicates each special circumstance that can allow for a death penalty sentence in California. When a jury finds that at least one of the special circumstances is true, they are required to sentence the defendant to death or life in prison without the possibility of parole. Examples of special circumstances include:
- Murder carried out for financial gain
- Prior murder conviction
- Multiple murder convictions in the same case
- Murder by bomb or destructive device
- Murder to prevent arrest or escape
- Murder of a police officer, federal agent, or firefighter
- Murder of a witness
- Murder of a prosecutor, judge, government official, or juror
- Lying in wait (meaning the killer intended to kill the victim by hiding and taking him or her by surprise)
- Murder because of race, religion, or nationality (i.e., a “hate” crime)
- Murder in commission of a specified felony (to so-called “felony murder rule”)
- Murder involving torture
- Murder by poison
- Drive-by shootings
- Murder by a street gang member
Call Immediately
If you or a family member is facing a murder charge, whether special circumstances might be involved or not, you need the best attorney in Southern California to represent you. Call Chambers Law Firm right away to schedule a free consultation about your case. Don’t hesitate—your life or freedom could be hanging in the balance.
