Florida Second Degree Murder Essay

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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…

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…

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

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