Murder Sentencing Can Be Complicated

Murder charges in California are grave enough, but when special circumstances or sentence enhancements are involved, the consequences can become even more severe. Special circumstances may lead to a sentence of life without the possibility of parole (LWOP) or even the death penalty. Understanding the legal landscape of special circumstances and sentence enhancements is critical for anyone facing these charges.

At Gomez, Radford, & Rome, we specialize in defending clients against the most serious charges under California law. In this article, we’ll break down the types of special circumstances, sentence enhancements, and penalties associated with murder cases, including death penalty cases.

Penalties for Special Circumstances

If any of these special circumstances apply, the defendant faces two possible penalties:

• Life Without the Possibility of Parole (LWOP).
• Death Penalty.

California has a moratorium on executions, meaning no one has been executed since 2006. However, the death penalty can still be imposed, and inmates sentenced to death are housed on death row. While the death penalty is a potential sentence in special circumstances cases, LWOP is more commonly imposed, especially in recent years.

Differences Between Life Without Parole (LWOP) and Death Penalty Sentences

Both LWOP and the death penalty are severe penalties reserved for the most serious crimes, but they differ in important ways.

• Life Without the Possibility of Parole (LWOP):
  In an LWOP sentence, the defendant will never be eligible for parole and will spend the rest of their life in prison. LWOP is often viewed as a more humane alternative to the death penalty, as it avoids the ethical issues surrounding capital punishment while ensuring the defendant remains incarcerated for life.
• Death Penalty:
  A death sentence involves the legal execution of the defendant. While California has not carried out an execution since 2006, defendants sentenced to death are housed in more restrictive conditions on death row and face the possibility of execution if the moratorium is lifted.

Life Without the Possibility of Parole (LWOP)

An LWOP sentence means the defendant will spend the rest of their life in prison without any possibility of parole. They will never be eligible for release, and they will serve their sentence in one of California’s maximum-security facilities. LWOP is considered a final, irrevocable punishment, but it avoids the ethical and logistical complexities of a death sentence.

When is LWOP Typically Imposed?

• When mitigating factors outweigh aggravating factors: During the penalty phase, both the prosecution and defense present evidence of aggravating and mitigating factors. Aggravating factors highlight the heinous nature of the crime (e.g., the crime’s brutality, prior convictions, or victim vulnerability). Mitigating factors, on the other hand, consider aspects of the defendant’s background that might reduce their culpability, such as mental illness, lack of prior criminal history, or extreme emotional disturbance. If the mitigating factors outweigh the aggravating ones, a jury may recommend LWOP rather than death.
• In cases where the jury cannot unanimously agree on the death penalty: California law requires a unanimous jury decision to impose the death penalty. If even one juror disagrees, the sentence defaults to LWOP.
• Current moratorium on executions: In 2019, Governor Gavin Newsom placed a moratorium on executions in California. While the death penalty remains legal, no executions are being carried out. As a result, many defendants who might have otherwise faced execution are instead serving LWOP sentences.

The Death Penalty

The death penalty is the most extreme punishment under California law. A defendant sentenced to death is placed on death row and, in theory, will be executed by lethal injection or another legally sanctioned method of execution.

When is the Death Penalty Imposed?

The death penalty is imposed when:

• The jury finds that aggravating factors outweigh any mitigating factors presented by the defense.
• The jury is unanimous in its decision that the crime was so egregious that only the death penalty is appropriate.

Aggravating Factors (CALCRIM 763)

To justify the death penalty, the prosecution must present evidence of aggravating factors that demonstrate the particularly severe nature of the crime. Some common aggravating factors include:

• The severity and brutality of the murder (e.g., torture, mutilation, or prolonged suffering of the victim).
• The vulnerability of the victim (e.g., if the victim was a child, elderly, or disabled).
• The impact on the victim’s family (e.g., victim impact statements may be used to illustrate the emotional and psychological harm caused by the crime).
• The defendant’s prior criminal history, especially if it includes violent felonies or other serious offenses.

Mitigating Factors (CALCRIM 763)

The defense may present mitigating factors to argue against the death penalty, including:

• The defendant’s mental health or emotional disturbances at the time of the crime.
• Lack of prior criminal history, indicating the murder was an isolated event.
• The defendant’s remorse or efforts to atone for the crime.
• Evidence of the defendant’s troubled upbringing, abuse, or other environmental factors that influenced their behavior.

The jury must weigh both the aggravating and mitigating factors during the penalty phase. If they determine that the crime’s severity warrants the death penalty and the mitigating factors do not sufficiently justify leniency, the jury will recommend execution.

Death Penalty Process: Guilt and Penalty Phases

Death penalty cases in California follow a bifurcated trial process, with two distinct phases:

1. Guilt Phase:
   In this phase, the jury determines whether the defendant is guilty of first-degree murder and whether special circumstances apply. The standard here is beyond a reasonable doubt—the same standard used in any criminal trial.
2. Penalty Phase:
   If the defendant is found guilty and the special circumstances are proven, the trial moves to the penalty phase. In this phase, the jury decides whether the appropriate punishment is LWOP or the death penalty. The penalty phase focuses on aggravating and mitigating factors, as outlined in CALCRIM 763.

During the penalty phase, both sides present evidence that may not have been introduced during the guilt phase, including the defendant’s background, psychological evaluations, and victim impact statements. The jury’s recommendation must be unanimous for the death penalty to be imposed. If the jury cannot reach a unanimous decision, the court will impose LWOP.

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Appeals and Automatic Review for Death Sentences

If a defendant is sentenced to death, they receive an automatic appeal to the California Supreme Court, which reviews the trial court’s procedures and rulings. This appeal process is mandatory for all death penalty cases and can take years, if not decades, to resolve.

Additionally, death penalty cases often involve extensive post-conviction relief efforts, including habeas corpus petitions challenging the legality of the conviction or sentence. These appeals can focus on issues such as:

• Ineffective assistance of counsel.
• Errors in jury instructions.
• Newly discovered evidence that could exonerate the defendant or mitigate their sentence.