Special circumstances (criminal law)

Special circumstances in criminal law are actions of the accused, or conditions under which a crime, particularly homicide, was committed. Such factors require or allow for a more severe punishment.

Special circumstances are elements of the crime itself, and thus must be proven beyond a reasonable doubt during the guilt phase of the trial. As such, they are formally distinct from aggravating circumstances, in that the latter are proven during the penalty phase of the trial instead.[1]

Examples

In California, if a defendant is convicted of first-degree murder and one of 22 listed special circumstances are found to be true, the only possible penalties are life in prison without parole or death.[2] (As of March 2019, the Governor of California placed a moratorium on capital punishment.[3])

In Connecticut, there are eight ways to be convicted of murder with special circumstances, all mandating the penalty of life in prison without the possibility of parole.[4]

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References
  1. Palmer, Louis J. (1998). "Distinguishing Special Circumstances and Statutory Aggravators". The Death Penalty: An American Citizen's Guide to Understanding Federal and State Laws. McFarland. ISBN 9780786404445.
  2. "California Penal Code, section 190.2".
  3. Arango, Tim (12 March 2019). "California Death Penalty Suspended". New York Times. Retrieved 1 October 2019.
  4. "2012 Connecticut General Statutes Title 53a - Penal Code Chapter 952".


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