What is the legal test for murder with special circumstances?
MultiRegion, United States of America
The following excerpt is from Hunt v. Vasquez, 899 F.2d 878 (9th Cir. 1990):
1 In California, first degree murder with special circumstances is defined as the commission of murder in conjunction with one of an enumerated list of aggravating conditions. If a defendant is convicted of murder with special circumstances, his sentence is either life imprisonment without the possibility of parole or the death penalty. See Cal.Penal Code Sec. 190.2(a)(17); Carlos v. Superior Court, 35 Cal.3d 131, 197 Cal.Rptr. 79, 672 P.2d 862 (1983).
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