Do you know what Capital Murder is?
In some states it is known as Murder One, or Murder in the First Degree. But do you know what crimes can get you a death sentence? The answers "No" or "Not really" are a great fear of mine, so it's something that I wish to address first and foremost.

A great number of people do not even know that there is such a thing as Capital Punishment in this society, so it wouldn't really be a surprise to find that most do not know what Capital Murder is. I learned of the death penalty almost by accident. I was at my lawyer's office; I was there because I had been in an auto accident and was just seeing him about a settlement when he received a phone call. He asked me to step out of the office because it was an important phone call; he was trying to save the life of his client's son. This struck me as odd, how can a lawyer be trying to save the life of someone? I asked him about it and he told me that his client's son was on death row!

This blew my young mind! Death Row!!! How in the world do you get put on death row?! So I asked my lawyer about it when he allowed me back into the office. He gave me the basic run down of what consists of Capital Murder, saying any murder within the course of another crime. He gave the example of Robbery and Murder. I think that this is the reason I was so shocked when I learned that I would be tried for the death penalty. I have also often wondered if my lawyer ever saved his client's son's life. Is he still here? Have I met him? I may never know.

Following are the crimes that fall under Capital Murder:

* Robbery and Murder
* Two or more murders at one time
* Rape and Murder
* Kidnapping and Murder
* The Murder of a Child under the age of six
* Car-jacking and Murder [Federal]
* Murder of a Police Officer while in the official course of duty
* Serial Killings
* Murder for Hire [note: The Hitman and person who paid him will be charged and tried for Capital Murder and the death penalty should the state's attorney choose to do so]
* Arson Causing Death

These are all the crimes that could land a person on death row (in Texas). I believe that there are a few more. Plus there is the Federal Death Penalty, so I'll have to do some checking to see if I can learn more about that. An update on this list will be short in coming.

Just being charged and found guilty of Capital Murder doesn't mean that you'll be given a sentence of death, it just means that the option is there for a jury who is made up of Pro Death Penalty people to consider. In Texas, one cannot sit on a Capital Murder jury unless one can consider giving a death sentence. And the questions on the questionnaire are laid out in such a way that the attorneys and judge will know who is pro-death penalty and who isn't. The other punishment, and there are only two to be considered, is a life sentence with the possibility of parole now being at 40 years flat time. That means day-for-day 40 years time before one is even considered for parole. And those in the Department of Pardons and Parole have the power to deny parole for as long as they wish. Here's the catch: The law in Texas provides that a jury does not have to be told what a life sentence means, and often times they are not told. So they are left thinking it could mean anything even though the judge tells them that they are not to consider the meaning of a life sentence or the possibility of parole. I call it planting ideas because if they didn't think about it (already), they sure would then.

*Note: In 1991, the parole law was changed for Capital Murder life sentences from 15 flat years to 35 flat years. In 1993, the law was changed again to 40 years flat time. It went up again soon after to 45 years, but the following year it was reduced back to 40 years. Whatever law was in effect when a person got into trouble is the law they will be subject to.

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