Section 53a-45 - Murder: Penalty; waiver of jury trial; finding of lesser degree(a) Murder is punishable as a class A felony in accordance with subdivision (2) of section 53a-35a unless it is a capital felony committed prior to April 25, 2012, punishable in accordance with subparagraph (A) of subdivision (1) of section 53a-35a, murder with special circumstances committed on or after April 25, 2012, punishable as a class A felony in accordance with subparagraph (B) of subdivision (1) of section 53a-35a, or murder under section 53a-54d.(b) If a person indicted for murder or held to answer for murder after a hearing conducted in accordance with the provisions of section 54-46a waives his right to a jury trial and elects to be tried by a court, the court shall be composed of three judges designated by the Chief Court Administrator or his designee, who shall name one such judge to preside over the trial. Such judges, or a majority of them, shall have power to decide all questions of law and fact arising upon the trial and render judgment accordingly.(c) The court or jury before which any person indicted for murder or held to answer for murder after a hearing conducted in accordance with the provisions of section 54-46a is tried may find such person guilty of homicide in a lesser degree than that charged.Conn. Gen. Stat. § 53a-45
(1969, P.A. 828, S. 45; P.A. 73-137, S. 1; P.A. 80-442, S. 13, 28; P.A. 82-298, S. 4; P.A. 83-210, S. 2, 5; P.A. 92-260, S. 22; P.A. 12-5, S. 4.)
Amended by P.A. 12-0005, S. 4 of the the 2012 Regular Session, eff. 4/25/2012. Cited. 187 Conn. 6; 201 C. 435; 206 C. 346. Cited. 9 Conn.App. 686. Subsec. (b): Cited. 180 Conn. 382; 190 C. 639; 198 C. 77; 199 Conn. 163; 207 Conn. 374. Defendant's decision to forgo a jury determination in capital felony sentencing proceeding and opt for sentencing by a three-judge panel was knowing, voluntary and intelligent; formulaic canvass of defendant is not required and validity of jury waiver is determined by examination of totality of the circumstances. 303 C. 71. Subsec. (c): Constitutionally permissible for a jury to find defendant indicted for murder guilty of homicide in a lesser degree where the evidence supports such a finding although the state of mind required is different. 180 Conn. 382. Cited. 181 C. 187; Id., 406; 182 Conn. 66; 188 C. 542; 190 Conn. 639; 193 Conn. 695; 195 Conn. 232. Manslaughter is not lesser included offense of felony murder. 196 C. 421. Cited. 201 Conn. 174; Id., 368; 210 C. 78; 212 Conn. 593; 214 Conn. 57; 225 Conn. 55; 226 C. 237; 231 Conn. 115; 240 C. 727. Cited. 7 Conn.App. 180; 17 Conn.App. 502; judgment reversed, see 213 Conn. 579; 40 CA 151. Cited. 42 CS 426.