The US Supreme Court has held that criminal homicide is the only crime against an individual that can merit the death penalty. 1 A discussion of crimes against the government (such as treason) that merit the death penalty is in Crimes against the Government.
In states that allow capital punishment, first-degree murder with one or more aggravating factor(s) is generally a capital offense. Examples of aggravating factors are killing more than one person, killing for financial gain, killing with a particularly heinous method, or killing a peace officer. 2 In general, the trier of fact must ensure that the aggravating factor(s) are not outweighed by mitigating factor(s). Examples of mitigating factors are the youth of the defendant, the defendant’s lack of a criminal history, and the fact that the defendant was acting under extreme emotional or mental disturbance. 3
The Peterson Case
A jury convicted Scott Peterson of first-degree premeditated murder for the killing of his pregnant wife Laci Peterson. They also convicted him of second-degree murder for the killing of his unborn son Conner. 4 The governing statute was California Penal Code § 189. 5 After issuing the verdict, the jury sentenced Peterson to death based on the special circumstance of killing more than one person. 6
The prosecution was successful without direct evidence or proof of the cause of death. 7 Congress was inspired by the Peterson case to pass the Unborn Victims of Violence Act, 18 U.S.C. § 1841, 8 creating the new federal crime of killing an unborn child.
KEY TAKEAWAYS
- Most states and the federal government include premeditated murder, murder by a specified means, and felony murder in their first-degree murder statutes.
- Premeditated murder is typically a purposeful killing committed after calm planning and reflection. An extensive length o f time between the formation of criminal intent and the criminal act is not generally a requirement of premeditated murder.
- The criminal act can help prove that a murder was premeditated. If the killing is carried out in a manner that indicates a strong and calculated desire to bring about the victim’s death, the trier of fact can conclude that the murder was premeditated.
- When the defendant commits murder with a particularly heinous method, the killing is murder by a specified means.
- First-degree murder statutes often include the following specified means: murder by drive-by shooting, destructive device like a bomb, weapon of mass destruction, ammunition designed to puncture a bulletproof vest, poison, torture, or lying in wait.
- First-degree murder is the highest classification of murder with the most severe sentencing options. If the jurisdiction allows for capital punishment, first-degree murder typically is the only crime against an individual that merits the death penalty. If the jurisdiction does not allow for capital punishment, first-degree murder often qualifies the defendant for life in prison.
- The only crime against an individual that can merit capital punishment is criminal homicide. In most jurisdictions, the defendant must commit first-degree murder combined with one or more aggravating factors that are not outweighed by mitigating factors to receive the death penalty.
EXERCISES
Answer the following questions. Check your answers using the answer key at the end of the chapter.
- Johnnie decides h e wants to kill Marcus, the leader of a rival gang. Johnnie knows that Marcus always hangs out in front of the gas station on Friday nights. Johnnie puts his gun in the glove compartment of his car and drives to the gas station on a Friday night. He sees Marcus standing out front. He slowly drives by, takes aim, and shoots Marcus from the car, killing him. Could this be first-degree murder? Explain your answer.
- Read Statev. West, 844 S.W.2d 144 (1992). Did the Supreme Court of Tennessee hold that a defendant’s failure to report a shooting to the police for over an hour and concealment of the murder weapon constitutes sufficient evidence to prove premeditated murder? The case is available at this link: http://scholar.google.com/scholar_case?case=3481778471457660977&hl=en&as_sdt=2002&as_vis=1%E2%80%8B
- Read U.S. v. Downs, 56 F.3d 973 (1995). Identify motive, planning, and preconceived design in this case. The case is available at this link: http://ftp.resource.org/courts.gov/c/F3/56/56.F3d.973.94-3404.html%E2%80%8B
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