Second Degree Murder Case Study

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Murder is defined as killing another human being unlawful which also began as just common law. Murder is divided into degrees in almost every jurisdiction in the United States as the manner of killing someone seems to have been calculated, into at least two degrees, first and second. Judges had no decision into whether to divide murder into degrees; however, that was done by legislatures. (Pauley, 1999) English judges had warranted the death penalty for planned murder-murder with "malice aforethought," the old English equivalent of premeditated murder-as far back as the 1500s. Legislature revised the law of homicide in 1682 and 1683. (Pauley, 1999) A "solution” requires the legislature to eliminate the deliberation formula for distinguishing …show more content…

First Degree Murder is the highest form of crime and is punished more severely than second-degree murder. (Hall, 2014) First Degree Murder is considered the killing of another person with malice and premeditation, cruelty, or done during the commission of a felony already in the act. (Hall, 2014) First Degree Murder applies whenever the murderer has as a goal of death to the victim and the willful, that the defendant intended to kill the victim. To convict someone of first-degree murder, one need only to prove that the defendant killed intentionally.

Second Degree Murder is only murder without premeditation, therefore, a murder that is not defined under first-degree murder. However, it only means a murder that lacks the intent to kill element. Second Degree Murder is punishable by a maximum of nine years in prison, whereas, first-degree murder is subject to punishment ranging from a minimum of thirty years without parole to the death

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