What is Special Circumstances Murder in California?
In criminal law, not all murder cases are treated the same. California Penal Code 190.2 PC specifies factors that elevate a murder charge to a more serious level due to special circumstances.
Essentially, this law details the scenarios in which an individual can be held responsible for murder with enhanced circumstances, representing aggravated forms of murder.
A murder defendant can only face the death penalty if convicted of first-degree murder, and the case involves a "special circumstance' outlined in Penal Code 190.2 PC, such as killing a police officer.
Importantly, even if the jury determines that a special circumstance applies, this does not guarantee that the defendant will receive the death penalty. Instead, it typically results in a sentence of life in prison without parole or possibly death.
If charged with murder and the prosecution proves that a special circumstance applies, you could face life imprisonment without parole or, in some cases, the death penalty.
Key Takeaways
- Under California law, murder is the unlawful killing of a human being with intent or malice, as defined in Penal Code 187 PC.
- Special circumstances murder is a type of murder characterized by specific aggravating factors that increase the severity of the crime and lead to harsher penalties for the defendant.
- These aggravating factors are listed in PC 190.2(a) and distinguish a special circumstances murder from a standard murder case.
- The reason for handling special circumstances murder differently is due to the seriousness of these offenses.
- Depending on the nature of the aggravating factor, a murder with special circumstances can be seen as far more heinous than typical manslaughter or murder, warranting a harsher punishment.
- Being accused of special circumstances murder means facing much harsher penalties compared to a standard murder charge.
- In California, someone convicted of first-degree murder without special circumstances is sentenced to 25 years to life in prison.
- If special circumstances exist, the defendant could face a life sentence without parole (LWOP) or even the death penalty.
What is the Role of the Jury?
Because the penalties for special circumstance murder are much harsher than those for general murder, the jury has an expanded role in these cases. They participate in both the guilt and penalty phases of the trial.
The Guilty Phase
The mere allegation of special circumstances does not automatically lead to LWOP or a death sentence. The prosecution must prove beyond a reasonable doubt that these circumstances are present and justify the harsher penalty.
In this trial phase, the jury must unanimously and beyond a reasonable doubt find not only your guilt for murder but also that the special circumstances are established.
If the jurors find the defendant guilty but cannot reach a unanimous decision on whether special circumstances exist, the sentence will be based on standard murder guidelines rather than enhanced penalties.
The Penalty Phase
If the jury determines that special circumstances are present, the case proceeds to the penalty phase. This separate stage involves the jury deciding whether to impose the death penalty or life imprisonment without the possibility of parole.
During this phase, both the prosecution and defense can present additional evidence and arguments, including aggravating factors such as prior criminal history or the heinousness of the crime, and mitigating factors such as age, mental health issues, or the absence of a criminal record.
The jury then considers these factors to decide the appropriate sentence.
What Defines Special Circumstances?
PC 190.2(a) lists specific situations that qualify as special circumstances justifying an elevated murder charge. This list changes over time as courts and legislators add or remove circumstances.
Some current examples of what may count as special circumstances include:
- The murder was carried out with the intention of financial profit.
- The victim was either a peace officer, a federal law enforcement officer, or a firefighter.
- The victim saw a crime and was murdered to prevent them from speaking out.
- The victim was a judge, prosecutor, juror, or government official who was killed either as retaliation or to stop them from executing their duties.
- The defendant has multiple previous convictions for murder.
- The defendant is convicted of several murders in the same trial, including at least one count of first-degree murder.
- The murder was carried out using a bomb or a destructive device.
- The murder was committed to prevent either arrest or escape.
- The murder was carried out through an ambush.
- The murder was carried out using poison.
- The murder included torturing the victim.
- The murder was committed as a hate crime.
- The killing of a witness;
- The murder was motivated by race, religion, or nationality.
- The murder occurred during the commission of a felony.
- A murder that took place during a drive-by shooting.
- A murder carried out by a member of a street gang.
- The murder occurred during the commission, attempt to commit, or immediately following certain felonies like robbery, kidnapping, rape, or arson.
Financial Benefit
Note that the murder was committed to gain some form of financial benefit mentioned above. This qualifies as special circumstances murder, but all of the following factors must be present:
- The murder was carried out deliberately.
- It was done for financial gain, and
- If the murder was a felony murder committed during a robbery, the defendant needs to have anticipated that the death was a consequence of the crime for it to qualify as felony murder.
Additionally, a conviction for first-degree murder qualifies as a special circumstances murder if the defendant has prior convictions for first or second-degree murder in California or elsewhere.
The Moratorium on Executions in California
In March 2019, California Governor Gavin Newsom announced a moratorium on executions in the state. Although this does not eliminate the death penalty, it temporarily halts any scheduled executions during his time in office.
Consequently, defendants convicted of special circumstances murder and sentenced to death will not be executed until the moratorium is removed.
If you or a family member faces charges under Penal Code 190.2 PC for special circumstances murder, it's crucial to have experienced legal support to maximize your chances of a successful result.
You can reach our California criminal defense lawyers by phone or through our contact form. The Hedding Law Firm is based in Los Angeles, CA.
