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VOLUME 17 - CHAPTER 302
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302.4 Death Qualification: Murder To Prevent Arrest Or Perfect Escape

    302.4.1 Requirement Of Intent
    302.4.2 Death Qualification: Based On Escape -- Inapplicable If Escape Was Already Complete

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VOLUME 17 - CHAPTER 302

RATIONALE: Because murder to prevent arrest or escape requires that the killing be for the "purpose" of avoiding arrest or to escape, it follows that such an intent is an element of such a death qualifier.

POINTS AND AUTHORITIES: See generally People v. Lopez (CA 1986) 188 CA3d 592, 598 [233 CR 207] [where the definition includes the defendant's intent to accomplish a further act or achieve an additional consequence, the crime is one of specific intent]; People v. Hood (CA 1969) 1 C3d 444, 456 [82 CR 618].

FEDERALIZATION: To federalize this request, click here. [Death Penalty Macro 13.3].

    [To find that the murder was committed for the purpose of avoiding or preventing a lawful arrest you must determine beyond a reasonable doubt that the killer had the intent to avoid or prevent a lawful arrest.]

[Source: FORECITE National™.]

SAMPLE INSTRUCTION # 2:

    [To find that the murder was committed to perfect, or attempt to perfect an escape from lawful custody you must determine beyond a reasonable doubt that the killer had the intent to escape from lawful custody.]

[Source: FORECITE National™.]

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VOLUME 17 - CHAPTER 302

PRACTICE NOTE: See Tennessee v. Odom (TN 1996) 928 SW2d 18, 27 [Tennessee Supreme Court disallowed reliance on escape aggravator because escape already complete]; see also Lawhorn v. State (TX 1995) 898 SW2d 886, 892 [defendant not guilty of crime of burglary with intent to commit felony escape, because even if defendant thought he was escaping at the time of entry, as a matter of law the crime of escape was completed earlier]; U.S. v. Smithers (5th Cir. 1995) 27 F3d 142, 144-46.