Noncapital Murder Case (MURD Clause Samples
The Noncapital Murder Case clause outlines the procedures and legal standards that apply specifically to murder cases where the death penalty is not being sought. It typically governs aspects such as jury selection, evidentiary requirements, and sentencing guidelines unique to noncapital offenses. For example, it may specify that life imprisonment is the maximum penalty or detail the process for presenting mitigating circumstances. The core function of this clause is to ensure that noncapital murder cases are handled with appropriate legal safeguards and clarity, distinguishing them from capital cases and providing a framework for fair adjudication.
Noncapital Murder Case (MURD. A noncapital murder case is any appointment to represent a person charged with:
(a) murder as defined by ORS 163.115; and
(b) aggravated murder where the person is a juvenile under 15 years of age who is waived to circuit court on the charge (a convicted juvenile cannot be sentenced to death or life without parole under ORS 161.620) or aggravated murder where the person was 15, 16 or 17 years of age on the date the crime is alleged to have occurred (no death sentence may be imposed under ORS 137.707(2)).
Noncapital Murder Case (MURD. A noncapital murder case is any appointment to represent a person charged with:
Noncapital Murder Case (MURD. A noncapital murder case is any appointment to represent a person charged with:
(a) murder as defined by ORS 163.115; and
(b) aggravated murder where the person is a juvenile under 15 years of age who is waived to circuit court on the charge (a convicted juvenile cannot be sentenced to death or life without parole under ORS 161.620) or aggravated murder where the person was 15, 16 or 17 years of age on the date the crime is alleged to have occurred (no death sentence may be imposed under ORS 137.707(2)).
(c) ▇▇▇▇▇▇▇’s Law case, is a felony first-first degree sex offense case in which the victim was under the age of 12 at the time of the offense. The offense is subject to a mandatory minimum 300 month prison sentence pursuant to ORS 137.700. ▇▇▇▇▇▇▇’s law cases include violations of ORS 163.375(1)(b), ORS 163.405(1)(b), ORS 163.411(1)(b). It also includes Kidnapping in the First Degree when the offense is in furtherance of the commission, of the attempted commission, of ORS 163.375(1)(b), ORS 163.405(1)(b), ORS 163.411(1)(b).