ASIS International (ASIS) Professional Certified Investigator Practice Exam

Which of the following cases would likely lead to capital murder charges under certain circumstances?

1. Murder of a juvenile offender

2. Murder committed by a person under a life sentence

3. Murder committed while under duress

4. Murder resulting from a fistfight

The correct answer is: Murder committed by a person under a life sentence

The scenario where murder is committed by a person under a life sentence could lead to capital murder charges under certain circumstances. This situation emphasizes the severity of the crime and the intent behind the action. Typically, capital murder charges apply when the act is premeditated and particularly heinous or when certain aggravating factors are present. In this context, a person serving a life sentence has already been convicted of a serious crime, reflecting their danger to society and potential for committing additional violent acts. If this individual were to commit murder while incarcerated or supervised, the system might impose capital murder charges due to the perceived lack of remorse or inability to reform. Regarding the other scenarios, crimes involving duress or unintentional outcomes, like those frequently associated with fistfights, do not generally rise to the same level of premeditated malice required for capital murder. Similarly, the status of the victim being a juvenile offender does not automatically establish the preconditions for such severe charges. The key factor in determining capital murder is often the defendant's intentions and the circumstances surrounding the act, especially those that indicate a disregard for human life.