First Degree Murder and Things Everyone Should Know About It
There is always a murder case going on in the news after every while. The charges are usually some type of homicide that most people do not really understand. There are different kinds of homicide; however the most serious one is first-degree murder where somebody could be detained for life or executed. The classifications of homicide are very confusing, and most people wonder what makes one worse than the other. For murder to be considered first degree, there are some requirements that the prosecutors must meet, and if they don’t, the charge must be reduced.
Homicide is a crime where the unlawful act of someone results in another persons’ death. There are three types of homicide that exist, and those are justifiable homicide, murder, and manslaughter. For it to be murder, the accused must have had the intention to kill the victim. For an action to be considered manslaughter, it means that the action that caused the death was not actually supposed to kill them but is still illegal. For instance, if somebody gives the drugs that another person uses to overdose. Justifiable manslaughter is a murder that results from self-defense. No charges are filed. In first degree murder, the investigators need to demonstrate to the judge that there was the intent, deliberation, and premeditation. The intent is whereby the accused had the goal of ending a life, even if they took the wrong one. Deliberation and premeditation could be considered at the same time. If the murderer invested a long time in arranging and placing everything together, then, the activity was deliberate. Premeditation is if the individual had room to think about their actions and still proceeded with it. This is especially evident if the person pauses for a few seconds before committing the murder. This means they knew that the action was wrong but still went ahead.
The question now is, what makes a murder first degree. In second degree, the intent is still there, but there was no planning at all. Pretty much every wrongdoing of passion falls here. For example, if someone finds his wife with another person, they may kill the person in a fit of rage; this means they intended to kill the person, but they had not planned to do it. Every state has its requirements for a murder to be considered a first degree. Good research is needed to learn more about the laws in your state. Many states allow the felony murder rule; a felony is if the death happened during another crime, for example, rape. First-degree murder can be punished by the death penalty, with the guarantee of an appeal. This charge is given for very lewd acts. One could also get a life sentence without ever getting parole. The sentence for second-degree murder ranges between 20 to 25 years.