Does the use of intentional murder in the context of capital punishment apply to the mental state of a defendant?

California, United States of America


The following excerpt is from People v. Davenport, 221 Cal.Rptr. 794, 41 Cal.3d 247, 710 P.2d 861 (Cal. 1985):

[41 Cal.3d 263] Nor does the subdivision's employment of intentional murder in lieu of a wilful, deliberate and premeditated murder necessarily reduce the culpability of the mental state of a capital defendant. According to the first paragraph of subdivision (a) special circumstances are applicable only to cases where the defendant is found guilty of first degree murder. Thus, the defendant must be found to have had either a willful, deliberate and premeditated intent to kill, or some other mental state which has historically been deemed to be equally culpable. (See, 189; People v. Wiley, supra, 18 Cal.3d 162, 170, 133 Cal.Rptr. 135, 554 P.2d 881.)

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