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Second Degree Murder
Written by Administrator Friday, 15 August 2008 16:55 |
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Second degree murder is when one person takes the life of anther without premeditation. The element of preplanning is absent. Second degree murder is also a murder that occurred because the murderer was exhibiting unsafe behavior but had no intention to kill someone. An example would be if the defendant was carrying a loaded gun in a crowded mall but the safety was not on and the gun accidently went off and the stray bullet hit and killed an innocent bystander.
The majority of those who commit a second degree murder are not given the maximum penalty allowed. Second degree murders are also considered crimes of passion. For example, if a man catches his wife in bed with another woman and he kills one, or both of them, then in most countries that would be considered second degree murder.
There are states like California who have preserved the distinction between first degree and second degree murder and don’t have an offense called third degree murder. California has a first degree murder charge which leads to life in prison with a possibility of parole, and first degree murder with special circumstances which leads to the death penalty or life in prison without parole. Second degree murder is the default category, a sentence of life in prison with shorter term parole eligibility.
The exact distinctions of second degree murder vary from state to state.
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| Last Updated ( Wednesday, 17 September 2008 16:04 ) | |
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