What is the difference between capital murder and first degree murder?
Capital murder is when there are special circumstances making the defendant eligible to receive the death penalty. Simply killing someone doesn’t make one eligible for the death penalty. However, killing a cop, killing more than one person, killing someone in the commission of a felony, killing someone you kidnapped, torturing someone or sexually assaulting them before killing them, and a few other special touches similar to these all can make it a crime worthy of receiving the coveted Sparky Award.