Reference: Refs.
Reference information:
https://www.proz.com/search/"capital murder" (see glossary):
https://www.proz.com/kudoz/english-to-spanish/law-general/26...
While the entry says,
English term or phrase: capital murder
Spanish translation: pena de muerte / pena capital
The more peer agreed upon: "asesinato punible con la pena de muerte" was rejected. Why? Can't say.
Other observations included:
Explanation:
homicidio calificado punible con pena de muerte
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"Capital murder" means murder for which death penalty may be imposed.
http://john-gillard.com/misc/key_terms.html
It refers to the punishment, but also to murder
There are many jurisdictions where capital punishment is not used.
capital murder is not the same as capital punishment: capital punishment will be applied in some places to murder (generally murder 1)
you need to paraphrase in order to get a true equivalent.
homicidio calificado punible con la pena capital
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Capital murder - Wikipedia https://en.wikipedia.org/wiki/Capital_murderer
Legal meaning — Although ***legal definitions vary, capital murder in the United States usually means murder involving one or more of the following factors:**
Legal meaning
The term "capital murder" is used in only eight U.S. states; however, 27 states and United States federal government currently allow capital punishment,[4] and each has its own terminology for an offence punishable by death. In most states, the term "first-degree murder" is used; others may use the term "aggravated murder" (such as New York, Ohio, Oregon, Utah, Vermont, and Virginia (since 2021)), and some use simply "murder". The seven states that use the term "capital murder" are Alabama, Arkansas, California, Kansas, Mississippi, New Hampshire, and Texas. The state of Georgia uses the term "malicious murder".
Not all offenses are parallel between the states. In some, first-degree murder is a very broad term defined by a number of circumstances, only a few of which make a defendant eligible for execution. In other jurisdictions, an offense carrying the death penalty is strictly defined and is separate from other, similar crimes.
Although legal definitions vary, capital murder in the United States usually means murder involving one or more of the following factors:
The victim is a police officer, firefighter, paramedic or similar public safety professional and was killed while on duty
The victim is killed during the commission of another violent felony, such as armed robbery, kidnapping, arson, etc. (felony murder)
The victim is tortured, raped or sexually assaulted, particularly if the victim is a child
Multiple murders are committed pursuant to one another[citation needed]
Murder-for-hire[citation needed]
Terrorism[citation needed]
The victim is murdered based on race, national origin, and other associated groups[citation needed]
The victim is a witness to a crime
Some states may include other factors which amount to capital murder or its legal equivalent.
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Great Britain/UK
In Great Britain, this offence was created by section 5 of the Homicide Act 1957. Previously all murders carried the death penalty on conviction, but the 1957 Act limited the death penalty to the following cases:
Murder in the course or furtherance of theft; s.5(1)(a)
Murder by shooting or by causing an explosion; s.5(1)(b)
Murder in the course or for the purpose of resisting, avoiding or preventing a lawful arrest, or of effecting or assisting an escape or rescue from legal custody; s.5(1)(c)
Murder of a police officer acting in the execution of his duty, or of a person assisting a police officer so acting; s.5(1)(d)
Murder of a prison officer acting in the execution of his duty, or of a person assisting a prison officer so acting, by a person who was a prisoner at the time when he did or was a party to the murder; s.5(1)(e).
In all other cases murder carried the mandatory penalty of imprisonment for life.
Section 1 of the Murder (Abolition of Death Penalty) Act 1965 abolished the separate category of capital murder, and all murders now carry the mandatory penalty of imprisonment for life.
Northern Ireland
In Northern Ireland, this offence was created by section 10 of the Criminal Justice Act (Northern Ireland) 1966.
On the trial of an indictment for capital murder, the jury could not return an alternative verdict to the offence charged in that indictment under section 6(2) of the Criminal Law Act (Northern Ireland) 1967.
Sections 1(4) and (5) of the Northern Ireland (Emergency Provisions) Act 1973 read:
(4) For the purpose of any proceedings on or subsequent to a person's trial on a charge of capital murder, that charge and any plea or finding of guilty of capital murder shall be treated as being or having been a charge, or a plea or finding of guilty, of murder only; and if at the commencement of this Act a person is under a sentence of death for capital murder, the sentence shall have effect as a sentence of imprisonment for life.
(5) In this section "capital murder" means a murder which immediately before the commencement of this Act is a capital murder within the meaning of section 10 of the Criminal Justice Act (Northern Ireland) 1966.[3]
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Note added at 55 mins (2022-03-28 18:27:58 GMT)
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https://context.reverso.net/translation/spanish-english/ases...
asesinato punible con pena de muerte.
http://www.scielo.org.mx/scielo.php?script=sci_arttext&pid=S...
RESUMEN
Por mucho tiempo, la pena de muerte ha sido aceptada en Estados Unidos como un recurso para lidiar con aquellos que cometían trasgresiones graves. Sin embargo, si bien fue una práctica acorde con las características de un sistema en donde era necesario actuar de forma expedita, el tránsito hacia el Estado de derecho y el reconocimiento de las garantías individuales acrecentó el rechazo hacia esta manera de imponer justicia. En la mayor parte de los países occidentales se ha abolido de forma definitiva, pero en Estados Unidos varios estados todavía la incluyen en sus legislaturas. Así, esta investigación encara el debate en torno a la pena capital en dicho país, identificando los escenarios que han modificado tanto las características de la ejecución -que pasó de pública a privada-, como su percepción pública.
Palabras clave: pena máxima; garantías individuales; Estado de derecho; ley; justicia
ABSTRACT
Death penalty has been accepted through the years by the United States as a useful way to deal with criminals. This practice was in accordance to a system which required swift justice. The appearance and development of the rule of law in which individual rights were recognized increased the opposition to this measure. Capital punishment has been abolished in almost all Western countries, but in the case of the United States many local legislatures include death penalty statutes. This paper has the purpose of approaching the ever-changing debate surrounding this practice in the United States, in order to review different sceneries that have modified both how the executions take place, replacing public executions in favor of private ones, and the public perception regarding them.
Keywords: maximum penalty; individual guarantee; rule of law, law; justice
| Taña Dalglish
Jamaica
Specializes in field
Native speaker of: English
PRO pts in category: 355
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peer agreement (net): +3