Quote:
Originally Posted by craigepo
Good morning Armymom
The point I was trying to make was not that the State couldn't win a murder case, but that it might be very difficult to win a capital murder case. This of course depends upon the facts, but the State MUST, in addition to proving premeditated murder, prove facts that show one of the aggravating factors listed in the statute to get the death penalty(in lieu of a lesser sentence for basic first-degree murder).
I realize that this is clear as mud. Honestly, about 1% of attorneys realize the distinction in capital murder and first-degree murder. And about 1/10th of 1% of attorneys are capable of trying a capital case(in some jurisdictions the attorney has to have capital-case experience to represent a defendant charged with capital murder).
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So to have 1st degree murder jacked up to 'capitol' murder one has to not only prove premeditation but also have one of the factors below?
Arizona-
(1)The defendant has been convicted of another offense in the US for which under Arizona law a sentence of life imprisonment or death was imposable
(2)The defendant has been or was previously convicted of a serious offense, whether preparatory or completed.
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3)In the commission of the offense the defendant knowingly created a grave risk of death to another person or persons in addition to the victim of the offense.
(4)The defendant procured the commission of the offense by payment, or promise of payment, of anything of pecuniary value.
(5)The defendant committed the offense as consideration for the receipt, or in expectation of the receipt, of anything of pecuniary value.
(6)The defendant committed the offense in an especially heinous, cruel or depraved manner.
(7)The defendant committed the offense while: (a) In the custody of or on authorized or unauthorized release from the state department of corrections, a law enforcement agency or a county or city jail. (b) On probation for a felony offense
(8)The defendant has been convicted of one or more other homicides, as defined, which were committed during the commission of the offense
(9)The defendant was an adult at the time the offense was committed or was tried as an adult and the murdered person was under fifteen years of age or was seventy years of age or older
(10)The murdered individual was an on duty peace officer who was killed in the course of performing his official duties and the defendant knew, or should have known, that the victim was a peace officer
(11)The defendant committed the offense with the intent to promote, further or assist the objectives of a criminal street gang or criminal syndicate or to join a criminal street gang or criminal syndicate
(12)The defendant committed the offense to prevent a person’s cooperation with an official law enforcement investigation, to prevent a person’s testimony in a court proceeding, in retaliation for a person’s cooperation with an official law enforcement investigation or in retaliation for a person’s testimony in a court proceeding
(13)The offense was committed in a cold, calculated manner without pretense of moral or legal justification
(14)The defendant used a remote stun gun or an authorized remote stun gun in the commission of the offense
(15)The defendant engaged in terrorism
(16)The defendant committed burglary in the second degree
(17)The defendant was an adult and the murdered person was an unborn child in the womb at any stage of its development
So, in Arizona, you can do in a Judge and merely get lifein jail, not the death penalty..
I highlighted the 'factors' that, to me, would be what would make it a 'capital' case. However proving either might be difficult. I would, go for just plain old 1st degree murder and ask for life with no parole. Because I knew I could win the case.
Just my opinion, what do I know, I am just a nerd girl. 