Читать книгу Criminology For Dummies - Steven Briggs - Страница 88

The most serious type of murder is that which can be punished by a death sentence. Because the death sentence is also known as capital punishment, this type of murder is sometimes called capital murder. Although most industrialized nations have abolished capital punishment, the United States government and the U.S. military have not. In addition, 28 states still allow for some form of capital punishment and 3 more have issued moratoriums on further executions.

For the federal government and for the 28 states that still allow the death penalty, the U.S. Supreme Court has significantly limited the cases in which someone can be sentenced to death. Most importantly, there must be “aggravating circumstances” above and beyond the murder itself. In other words, there must be additional factors that make the murder worse than just an intentional killing. Some common aggravating circumstances include the following:

 More than one person was murdered.

 The person murdered was a child.

 The murder took place during the course of another serious felony being committed. (Unlike felony murder, only the killer who personally committed the murder can be charged with capital murder.)

 The victim was tortured before the murder.

 The person murdered was a government official, a police officer, or a witness in a criminal or civil trial.

In addition to requiring aggravating circumstances, many states also require the prosecutor to show deliberation by the defendant — meaning that he thought about his actions before committing them. Many states also require the prosecutor to prove there’s a likelihood that the killer will commit future acts of violence.

U.S. Supreme Court rulings have required that during a capital murder trial, the defendant be given the chance to present evidence to persuade the jury that he should not be sentenced to death. Such evidence can include the following:

 Proof that he was raised by negligent parents

 Proof that he has no previous history of violence

 Proof of the positive contributions he has made to society

Adults who are legally insane (see Chapter 20 for more on this term) or mentally retarded aren’t eligible for a death sentence. People under the age of 18 can’t receive the death sentence, either. For a detailed discussion of the death penalty, turn to Chapter 21.