How to Identify the Main Justifications for Capital Punishment
Justifications for capital punishment are known in most states as "aggravating factors." State penal codes generally require that certain events occur in the commission of a murder to be considered for capital punishment. At the sentencing phase of a murder trial, the prosecution can set forth evidence to the jury detailing the particularly gruesome nature of the crime. These aggravating factors generally involve specific factors relevant to the victim, or factors with respect to the method of the killing or a killing during the commission of a felony.
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Many states with a death penalty consider aggravating factors to include murder of a police officer or other public servant within the jurisdiction. Some states include attorneys general and district attorneys on this list as well. The murder of any federal law enforcement officer or a member of the judiciary, executive or legislative branch can be an aggravating factor as well. Victims held for ransom or reward before being murdered can lead to a capital punishment as well. Most states carrying the death penalty will award the sentence if the victim was pregnant beyond the point of viability or under the age of 12 years old.
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Serial killers are often subjected to the death penalty as are killers who implement particularly tortuous methods of taking a life. A defendant who hired a hit man or contract killer to commit the murder may be considered eligible for the death penalty. If the defendant intended only to assault the victim, but the criminal conduct resulted in the death of the victim, than the death sentence is possible, too.
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Common aggravating factors include a significant degree of past criminal behavior. Another potential factor is if there was a restraining order in place for the victim against the defendant. A defendant having been convicted of voluntary manslaughter in any jurisdiction previously may lead to justification for capital punishment under many state penal codes. In addition, a defendant having committed a killing while already under a sentence of life imprisonment can further aggravate the situation.
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Most states carry what is known as "felony murder" which means a defendant who commits a felony in which a life was lost can be convicted of first-degree murder. For example, a defendant who sets out to commit a robbery or rape and the victim ends up dying during the commission of the crime can be found culpable of first-degree murder.
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