Main Menu
|
First Degree Murder
Written by Administrator Friday, 15 August 2008 16:55 |
|
|
First Degree Murder
First degree murder is defined as the unlawful killing of another human with malice aforethought as defined in Common Law countries. In order for the state to lay the charge of first degree murder they must first prove that the person was the one that committed the murder, it was done with malice aforethought, and the murder was premeditated. When someone kills with malice aforethought it refers to killing intentionally and deliberately, or recklessly with the extreme disregard for human life. It is the malice aforethought and lack of lawful justification that distinguishes first degree murder from other forms of homicide. Every jurisdiction considers murder a capital crime and therefore imposes severe penalties on those who have been convicted. Premeditation refers to the planning or deliberation that occurs before the murder. The amount of time a person needs for premeditation of a killing is dependent on the person and the circumstances. The amount of time between the thought and the killing must be long enough that after forming the intent to kill, the killer must be fully conscious of the intent to have considered the killing. The specific criteria that constitute a first degree murder charge are established by the statue in each state and by the United States Code in federal prosecutions. First degree murder differs from that of second degree murder in which the premeditation of it is absent, and from manslaughter which also lacks the premeditation and suggests that while the intent to harm was present, the intent to kill was not. In California, first degree murder included a killing that is deliberate, willful, and premeditated, or that is committed in perpetration, or attempt to perpetrate certain felonies, including burglary but not including shoplifting, a petty offense. In other states first degree murder is charged if dangerous felonies are involved such as rape, arson, or one committed by an inmate who is already serving a life sentence.
|
|
| Last Updated ( Friday, 05 September 2008 11:00 ) | |
Charged with a Crime?
There is NO substitute for an Attorney
Speak with an Experienced Criminal Defense Lawyer
Get a Free Case Evaluation and Consultation Now
