ASIS International (ASIS) Professional Certified Investigator Practice Exam

Which of the following acts does NOT qualify for capital murder?

1. Shooting someone in a car

2. Shooting someone during a robbery

3. Killing someone in a justified manner

4. Shooting someone in a building

The correct answer is: Killing someone in a justified manner

Capital murder typically refers to the most serious form of murder, often involving specific circumstances that elevate the crime to a capital offense, which can lead to the death penalty or life imprisonment. The key component in the provided question relates to the nature of the act itself and whether it meets the statutory requirements for capital murder. In this context, killing someone in a justified manner does not qualify as capital murder. Justifiable homicide occurs in situations where the individual has a legal right to use deadly force, such as in self-defense or defense of others. Such circumstances exonerate the person from criminal liability because the law recognizes the act as necessary and justified to prevent harm or death. Therefore, because it lacks the malicious intent or the circumstances that elevate a homicide to a capital offense, it is excluded from the definition of capital murder. On the other hand, acts like shooting someone in a car, during a robbery, or in a building may involve elements such as intent, the circumstances under which the act was carried out, or the potential for multiple victims, all of which can contribute to a charge of capital murder. These acts typically imply a degree of criminal intent or involve factors that elevate the seriousness of the crime, distinguishing them from justifiable killings.