In Arkansas law, capital murder is the most serious criminal charge an individual can face. Understanding this offense requires looking at its legal definition, the circumstances under which it applies, and the procedures that follow a conviction.
What is Capital Murder in Arkansas?
Capital murder in Arkansas is defined by the specific mental state and circumstances surrounding a killing. Under Arkansas Code Annotated § 5-10-101, the offense requires a high level of culpability, often involving a “premeditated and deliberated purpose of causing the death of another person.”1Justia Law. Arkansas Code § 5-10-101 (2024) – Capital Murder This means the person thought about and reflected on the idea of killing before acting.
The killing must also happen under circumstances “manifesting extreme indifference to the value of human life.” This standard means the offender acted with such recklessness that they disregarded the high probability their actions would result in death.
Specific Offenses Classified as Capital Murder
Arkansas law outlines several distinct scenarios where a killing is elevated to capital murder. A significant part of the statute is felony murder. A person can be charged with capital murder if a death occurs while they are committing or attempting to commit felonies such as robbery, rape, or kidnapping.2FindLaw. Arkansas Code Title 5. Criminal Offenses § 5-10-101 This also applies if the death happens during the immediate flight from one of these crimes.
Other specific acts that qualify as capital murder include:
- A person committing murder while already incarcerated for a felony.
- Causing the death of a law enforcement officer, correctional facility employee, or a judicial officer while they are performing their duties.
- Hiring someone to commit murder or being the one hired to do so.
- Causing the deaths of two or more people in the same criminal event.
- The knowing murder of a child under the age of fourteen by a person over eighteen.
- A killing committed to prevent a lawful arrest or to escape from custody.
- The premeditated murder of a public official or a candidate for public office.
Sentences for Capital Murder Convictions
A defendant found guilty of capital murder in Arkansas faces one of two possible sentences: death or life imprisonment without the possibility of parole.3FindLaw. Arkansas Code Title 5. Criminal Offenses § 5-4-104. Punishment and Sentences The jury or judge cannot impose a lesser sentence, such as life with parole or a specific term of years for an adult offender.
A sentence of life without parole means the individual will remain in prison for their natural life with no opportunity for release. The death penalty is carried out by lethal injection.4Justia Law. Arkansas Code § 5-4-617 (2024) – Method of Execution An exception exists for defendants who were younger than eighteen at the time of the offense. They are not eligible for the death penalty and instead face life imprisonment with the possibility of parole after serving a minimum of thirty years.
How Sentencing Works in Capital Murder Cases
After a defendant is found guilty of capital murder, the legal proceedings enter a separate sentencing phase. This two-part process, known as a bifurcated trial, is required by Arkansas law.5Justia Law. Arkansas Code § 5-4-602 (2024) – Capital Felony Charge – Trial Procedure If the verdict is guilty, the same jury that determined guilt then convenes for the penalty phase to decide the sentence.
During the penalty phase, both the prosecution and the defense present evidence. The prosecution introduces evidence of “aggravating circumstances,” which are specific factors that argue for a death sentence.6Justia Law. Arkansas Code § 5-4-604 (2024) – Aggravating Circumstances These can include factors like the murder being committed for financial gain or being done in an especially cruel manner.
The defense presents “mitigating circumstances,” which are factors that argue for a sentence of life without parole, such as the defendant’s youth or acting under extreme mental or emotional disturbance.7Justia Law. Arkansas Code § 5-4-605 (2024) – Mitigating Circumstances For a death sentence to be imposed, the jury must unanimously agree on several findings. They must find beyond a reasonable doubt that at least one statutory aggravating circumstance exists.
Then, they must unanimously determine that the aggravating circumstances outweigh any mitigating circumstances found by any of the jurors. If the jury cannot unanimously agree on these points, the court must impose a sentence of life imprisonment without parole.