Special Circumstances

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Special Circumstances

Murder with Special Circumstances

Murder with special circumstances carries the harshest penalty for any crime in the state of Connecticut. Also, there exist eight ways a person can get convicted of murder with special circumstances and spend the remainder of their life in prison without the possibility of parole. They are:

  • The killing of any member of the following:
    • State police, local police, a chief inspector or inspector in the Division of Criminal Justice, a state marshal, a judicial marshal, a constable, a special policeman (29-18), a conservation officer, an employee of the Department of Corrections or any firefighter.
  • Murder for hire; a contract killer.
  • A murder committed by someone previously convicted of intentional murder or felony murder.
  • A murder committed by someone who at the time of the murder was serving a life sentence.
  • Murder committed by a kidnapper either during the course of the kidnapping or prior to the return of the victim.
  • A murder committed during the course of a first degree sexual assault.
  • Murder of two or more persons at the single time or in the course of a single criminal transaction.
  • A murder of anyone under the age of 16.

Things of Note

  • This statute used to go by the name capital felony and conviction could have resulted in the death penalty.
  • A person cannot receive duplicate sentences for capital murder and murder because it would violate double jeopardy. 145 Conn. App. 494.
  • Life in prison does not violate the Eight Amendment of the United States Constitution’s ban on cruel and unusual punishment. 265 Conn. 35.
  • A person adjudged guilty, either as a principal or accessory, of any crime under murder, capital murder, felony murder, arson murder, manslaughter in the first degree or with a weapon cannot inherit any part of the estate of the deceased 45a 447.
  • Also, a parent convicted of murder of another parent ineligible to receive grant of visitation 46b-59b.
  • Someone found guilty of murder or not guilty by reason of mental disease or defect could be liable in a wrongful death suit for “just damages” together with the cost of reasonably necessary medical, hospital and nursing services, and including funeral expenses 52-555.
  • In addition, murder in this statute means intentional murder. 241 Conn. 702.

There is no mandatory minimum or maximum sentence for someone convicted of murder with special circumstances. So, the only sentence for someone who is found guilty of murder with special circumstances is life without parole. Also, for more information regarding murder with special circumstances, it can be helpful to consult an attorney.

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