Why Does Alabama Have 18 Capital Crimes?

"Capital Punishment"--The Caput is Severed

There was a time in Alabama when one could be executed for arson, rape, or robbery. Then in 1972 the Supreme Court declared such laws "extreme" and "unusual" punishment. The State subsequently overhauled its stance on capital punishment, and in 1976 began a string of executions that continues until this day. No longer called First Degree Murder in Alabama, we have a warehouse of criminals who have been convicted of Capital Murder and sentenced to either Life Without Parole or Death.

This blog isn't about the fairness of executions in general, but about how the State has codified a laundry list of crimes which now qualify for capital punishment. There are currently 18:

(1) Murder by the defendant during a kidnapping in the first degree or an attempt thereof committed by the defendant.
(2) Murder by the defendant during a robbery in the first degree or an attempt thereof committed by the defendant.
(3) Murder by the defendant during a rape in the first or second degree or an attempt thereof committed by the defendant; or murder by the defendant during sodomy in the first or second degree or an attempt thereof committed by the defendant.
(4) Murder by the defendant during a burglary in the first or second degree or an attempt thereof committed by the defendant.
(5) Murder of any police officer, sheriff, deputy, state trooper, federal law enforcement officer, or any other state or federal peace officer of any kind, or prison or jail guard, while such officer or guard is on duty, regardless of whether the defendant knew or should have known the victim was an officer or guard on duty, or because of some official or job-related act or performance of such officer or guard.
(6) Murder committed while the defendant is under sentence of life imprisonment.
(7) Murder done for a pecuniary or other valuable consideration or pursuant to a contract or for hire.
(8) Murder by the defendant during sexual abuse in the first or second degree or an attempt thereof committed by the defendant.
(9) Murder by the defendant during arson in the first or second degree committed by the defendant; or murder by the defendant by means of explosives or explosion.
(10) Murder wherein two or more persons are murdered by the defendant by one act or pursuant to one scheme or course of conduct.
(11) Murder by the defendant when the victim is a state or federal public official or former public official and the murder stems from or is caused by or is related to his official position, act, or capacity.
(12) Murder by the defendant during the act of unlawfully assuming control of any aircraft by use of threats or force with intent to obtain any valuable consideration for the release of said aircraft or any passenger or crewmen thereon or to direct the route or movement of said aircraft, or otherwise exert control over said aircraft.
(13) Murder by a defendant who has been convicted of any other murder in the 20 years preceding the crime; provided that the murder which constitutes the capital crime shall be murder as defined in subsection (b) of this section; and provided further that the prior murder conviction referred to shall include murder in any degree as defined at the time and place of the prior conviction.
(14) Murder when the victim is subpoenaed, or has been subpoenaed, to testify, or the victim had testified, in any preliminary hearing, grand jury proceeding, criminal trial or criminal proceeding of whatever nature, or civil trial or civil proceeding of whatever nature, in any municipal, state, or federal court, when the murder stems from, is caused by, or is related to the capacity or role of the victim as a witness.
(15) Murder when the victim is less than fourteen years of age.
(16) Murder committed by or through the use of a deadly weapon fired or otherwise used from outside a dwelling while the victim is in a dwelling.
(17) Murder committed by or through the use of a deadly weapon while the victim is in a vehicle.
(18) Murder committed by or through the use of a deadly weapon fired or otherwise used within or from a vehicle.

Are some more logical than others? Steal a five dollar item and kill the clerk? It's Felony Murder. Steal a 50K diamond necklace and kill the clerk? It's Capital Murder. We're sure the families of the victims don't see a difference.

Shoot a city license inspector and it's Felony Murder. Shoot a State inspector and it's Capital Murder. Is the State employee's life worth more than the city employee's?

Two brothers shoot it out at a family reunion. One kills a 14 year-old cousin while the other kills a 13 year-old. Should only one be tried for Capital Murder? Tell that to the children's mothers.

Yes, we know there has to be an objective line of demarcation in any statute. No matter how well these laws are cleaned up, there will still be some disparity. What really matters is how these 18 are utilized to protect the citizens of Alabama, right? Let's look at that tomorrow.

*****

From D.K.:

The way the brother reacted, when he heard of the capital murder charge,  wasn't cool, and to have it posted where ever he posted it for anyone to see, sure was not smart. But we are not in his shoes, after all it was his brother who died in his arms.

They may have been drinking and out at that time of night would make some wonder what they where up to. Sheriff Blakely made a statement his investigators found the boys had not done anything wrong. The tox report will only show if Brandon was drinking or involved in anything else or not, and Oh yes that will come out at time of trial. The Defense Attorney will be all over that!

We live out in the county, many times thru the years for what ever reasons cars or trucks stop close to our house. I don't grab my gun and run out shooting. Trust me if I saw someone running out with a gun I would be getting out of Dodge!

As you can tell,  I side with the victims' side until something comes out otherwise.  Even in drug deals gone bad, no one deserves to be killed.

We're going to disagree slightly with D.K. We have much less sense of loss at the death of a drug dealer than we would someone like Brandon Hydrick, but on the opposite side of the coin, we can't support anyone (Ryan Hydrick in this case) feeling a man with possible mental problems who's been victimized himself many times should be raped in prison each day of his life.

There's an ancient Chinese proverb that states: We can't stop a bird from landing on our head, but we can stop it from making a nest in our hair...



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