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The act of killing a human by another human with premeditated intention is known as capital murder. It is one of the most serious crimes that can be committed in the United States. Also often termed as a first degree murder, some states have provision of awarding jail term up to 25 years or death penalty for such a crime. A premeditated intentional killing of somebody in conjunction with other felony acts including rape, arson, kidnapping or torture is termed as capital murder or first degree murder. Even killing of on-duty cops or firefighters can be termed as capital murder. This act attracts punishment including 25 years in jail without parole or death penalty. However, the murder which is committed with intention but not premeditated could be termed as second degree murder. This article answers to some of the frequently asked questions on capital murder and its legal implications. How does the DA Office go about determining what should be termed as a felony murder or capital murder?
There is a difference between felony murder and capital murder. A felony murder happens when a person kills somebody without any prior intention while committing some other felony acts. But a capital murder is done with premeditated intention. For instance, if a person commits arson to collect insurance money without knowing people are there inside the house and it leads to death, it could be termed as a felony murder. However, if a person kills somebody with premeditated intention by setting the house on fire while knowing that the victim is inside the house, could be termed as a capital murder. My brother who is too poor to hire an attorney is charged with a capital murder of horrific nature. The court appointed attorney is not ready to represent my brother. How can we get another attorney appointed through the court?
Your brother will have to file a motion in the court asking to dismiss the current attorney and provide him a new attorney. Your brother should be able to prove that the current attorney is insensitive towards your brother. If the court feels that the current attorney is not representing your brother to the best of his/her ability, the court can remove the lawyer and get your brother a new attorney. It totally depends on the court to take the final call on this. My friend is facing a life term in jail for a capital murder charge. What does he need to do to appeal against this judgment in order to get out of the jail?
Your friend can hire an attorney to represent him and file an appeal in the appellate court which needs to highlight the flaws in the law including how your friend’s rights have been violated as some of the crucial evidences which could have changed the outcome of the trial were not considered by the trail court. But, the outcome depends entirely on the court.
In the United States, the term capital murder and punishment associated to this crime varies from state to state. Capital murder and first degree murder are similar crimes. The difference between these two acts is based on the circumstances which led to the murder. While some states pronounce the death sentence to perpetrators of a capital murder, some states pronounce a life term which could go up to 25 years. The purpose of such a lengthy jail term is to ensure the safety of the public from such a dangerous person. Because of its seriousness, the capital murder offense leads to many legal issues. If you have any questions on this, you can ask a criminal lawyer to help you.
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