Assignment 2
In the state of Florida, Homicide, the unlawful killing of a human being, includes several degrees of murder and manslaughter under the state laws. The type of homicide determines the prosecutor's requirements and the potential punishment in the case of a conviction. First degree murder, the most serious of the homicide charges available under Florida law, includes
premeditated killings; felony murders; and murders committed during specified drug dealing offenses (Florida First Degree Murder Laws).
For premediated killing, the prosecutor must show the defendant's specific intent to kill
The prosecutor must prove that the defendant intended to participate in the crime. Lastly, Florida state laws specify first degree murder
…show more content…
for a homicide caused by drug dealing and the unlawful distribution of controlled substances. The drug-related offenses must involve controlled substances specified by state law, including drugs like cocaine, opium. A first degree murder is a capital felony in Florida (Florida First Degree Murder Laws). For a capital felony, the state may pursue the death penalty, up to 30 years in prison and 10,000 in fines, or even life in prison. Next, second degree murder lacks the premeditation often required for the prosecution of a first degree murder.
To charge someone with second degree murder, a prosecutor must show that the defendant acted according to a "depraved mind" without regard for human life. (Florida Second Degree Murder Laws). Which is referring to corruption as shown by a capacity for extreme and wanton physical cruelty. State law specifically requires a charge of second degree murder if the victim dies during the commission of one of the felony crimes specified by statute. These felonies include burglary, home-invasion robbery, and a number of other offenses. To establish second degree murder, the prosecutor must show that the victim died as a result of an act committed by a non-participant in the felony. Florida 2nd degree felony the punishment is up to 15 years in prison (Florida Second Degree Murder …show more content…
Laws). Texas does not officially use the term "first degree murder" or “second degree murder, like the state of Florida. Instead, they refer to first degree murder as "capital murder," which is murder for which a perpetrator can get a sentence of capital punishment. (Texas First Degree Murder Laws). In a capital murder case the prosecutor must prove that murder occurred with intentional acts, and that the criminal knowingly caused the death of another person. This means that the criminal would have to have intentionally caused serious bodily injury and committed an act that was clearly dangerous to human life, ultimately causing death. Possible defenses for this type of murder are the lack of intent, lack of knowledge, insanity, intoxication, and self-defense. The penalty’s for a capital murder in Texas is either death or life in prison without the possibility of parole (Texas First Degree Murder Laws). Texas does not officially use the term "second degree murder" they use the term murder.
Similar to Texas first degree murder statute, the prosecutor must prove in court that the defendant intentionally and knowingly caused the death of another person. The defendant intended to cause serious bodily injury and committed an act that was clearly dangerous to human life and this act caused the death of an individual. A prosecutor could also prove that when the criminal committed or attempted to commit a felony they actually committed an act that was clearly dangerous to human life and this act caused the death of an individual. Furthermore, there must be a lack of intent, lack of knowledge ,insanity, intoxication, self-defense, or "Heat of passion" to not be charged with murder (Texas Second Degree Murder Law). In Texas A second degree felony carries a sentence of between two and twenty years in a state prison and a fine of no more than
$10,000. One of the first major differences between first degree and second degree murder in the state of Florida and Texas is what they refer to it differently. In Texas it is actually referred to as capital murder and just murder. While in Florida it is known as First degree and Second Degree. These statues are similar in the ways of punishment. Both states have capital punishment for first degree murder and prosecutors must prove intent to kill, and drug related offenses. They differ in Florida includes manslaughter in first and second degree murder, while Texas does not. I do believe that the differences between these two state statues are substantial. I think it is necessary for both of these states to have differing laws when it comes to first and second degree murder, because they have such different demographics.
reason for this murder. Alcohol and cocaine does not make a person do things that they did not
... with. These laws all start with the number 29 stating that they are all counts under the criminal courts. 2903.01 (A) from the Ohio Revised Code that Anthony Sowell was charged on numerous counts with is Aggravated Murder. 2927.01 (B) is Tampering with a corpse according to the ORCs.
Murder should include the elements of purposely, knowingly, or recklessly under circumstances showing extreme indifference to the value of human life (Brody & Acker, 2010).
1st degree murder with the intent to kill and it is premeditated. This is also not considered to be a heat of passion murder either, it is murder without concern for human life. The sentencing for this kind of crime is also pretty hefty for one person. A sentence for second degree murder is normally decided by states with a lot of determining factors.
To convict one of murder, there must be subjective intent for the accused to be considered guilty. Due to the fact that murder is the most hateful crime of the law, all defendants should have the right to be innocent until proven guilty. There must be verifiable evidence to prove the mens rea.
September 9th, 2007: Inmate Jerry Martin, a 37 year old white male, steals a truck from a Huntsville parking lot. He drives into a female correctional officer’s horse, ultimately ending in her falling to her death. An innocent woman, killed because of a man’s poor decision. Homicide is a felony widely regarded as one of, if not the, worst offences a human can commit.
Once the murderer gets caught, there are only three options for them. The three possibilities include incarceration, being institutionalized, or the death penalty. Being institutionalized means that the perpetrator claimed to be insane and would be put in rehab. Eventually they would get out and have the opportunity to kill again. If the killer was incarcerated, there would be a chance of them getting out on parole, which could have the same result as institutionalization. The best way to punish a killer is
Main Point 1: Imagine someone that has been accused of murder and sentenced to death row has to spend almost 17-20 years in jail and then one day get kill. Then later on the person that they killed was not the right person.
To be found guilty of first degree murder, it must be proven that killed someone with malice aforethought, meaning it was planned, premeditated. First degree murder is to kill malevolence, to kill either intentionally and deliberately or recklessly with the utmost disregard for human life. Premeditation may be fashioned immediately and does not require a lengthy period of contemplation. The death penalty is recognized in Thirty-eight states. Capital first-degree murder or aggravated first-degree murder is categorized in killings viewed as deserving of capital punishment. Life imprisonment or death penalty is the punishment resulted in a conviction. States who do not recognized the death penalty, aggravated murder carries life imprisonment. When aggravated or capital murder is committed in a heinous or monstrous fashion, it is considered homicide (Lippman, 2006).
Parts of the criminal justice system are straightforward, requiring little interpretation or subjective thinking to understand their meaning. For example, law enforcement officials must properly collect and introduce evidence to determine whether a subject did in fact commit a crime. And once a suspect is apprehended, very clear rules are followed on the process of his or her arrest. Crimes themselves are clearly defined, as well: murder, arson, robbery. The constitution is specifying that the death penalty may be used, but warns that there are certain stipulations that must first be met.
Ever wondered if there is a serial killer in your community? The characteristics of a serial killer may shock you or be surprisingly familiar to some of you. It is important for society to get informed about the various types of serial killers that are out there. It is essential for families to educate their children about strangers, to be careful with everyone they encounter on the streets, store, and even in their neighborhoods. A serial killer is defined as a person who murders three or more people in at least three separate events, with a "cooling-off period" between the kills. The big question is, what makes a person do these atrocious killings? We will analyze personal histories, categorized serial killers,
Capital offenses are crimes against the State or the Country. These crimes are not limited to death of one victim, but also include treason, espionage, genocide, and terrorism that result in death. Capital offenses vary on the state and federal level. State offenses that result in the death penalty are homicide cases with an average of 10 aggravating factors, and in some cases the aggravated sexual assault of a minor especially under 13. This was debated as being unconstitutional under the decision handed down by the Supreme Court in the case of Kennedy v. Louisiana (2008). The Supreme Court ruled that in this specific case where the aggravated rape of minor did not result in death, it was
middle of paper ... ...of first degree murder in the context of the O.J. case requires that the act be done deliberately and with a great deal of malice directed. toward the victim of the attack. And to be convicted in the criminal court, the case. against the defendant must be proven beyond reasonable doubt. In a civil case for wrongful death, on the other hand, you have to.
Murder is considered a serious crime in our country. The loosely defined term of murder implies that a person who kills another human being with intent is known as being the worst kind of violent crime we see in our society. Any unlawful killing requires that a living person be killed and it does not mean that the guilty person feels any hatred or spite in order to plan and execute the act of murder. Moreover, the destructive acts that end peoples lives are classified as homicides which include manslaughter and first and second degree murder. More important, the justice system has put different labels on such crimes, but it also allows room for criminals to get away with murder.
Michael Sanders, a Professor at Harvard University, gave a lecture titled “Justice: What’s The Right Thing To Do? The Moral Side of Murder” to nearly a thousand student’s in attendance. The lecture touched on two contrasting philosophies of morality. The first philosophy of morality discussed in the lecture is called Consequentialism. This is the view that "the consequences of one 's conduct are the ultimate basis for any judgment about the rightness or wrongness of that conduct.” (Consequentialism) This type of moral thinking became known as utilitarianism and was formulated by Jeremy Bentham who basically argues that the most moral thing to do is to bring the greatest amount of happiness to the greatest number of people possible.