Second-Degree Murder Charges: A Case Study

Simon Gittany was a male perpetrator. In almost 4 out of 5 intimate partner homicides the perpetrator was a male (Australian Institute of Criminology 1998).

First degree murder is one committed with the specific intent to kill, plus premeditation and deliberation.

In accordance to the Penal Law, Murder in the first degree is defined “With intent to cause the death of another person, he causes the death of such person… the victim was killed while the defendant was in the course of committing / attempting to commit in furtherance of robbery [or other such felonies.]{§125.27(1)(a)(vii)}” This is also known as

6. Connecticut Gen. Stat. Ann. § 53a-56 – (a) A person is guilty of manslaughter in the second degree when: . . . (2) he intentionally causes or aids another person, other than by force, duress or deception, to commit suicide.;

Murder is the intentional killing of another human being, with premeditation (in other words, the killing was planned). Common law defines murder by a number of requirements. It must be unlawful (an executioner assisting in a state execution cannot be charged with murder). As previously mentioned, it must be an act committed by one human being by another (a person crashing their car into a tree did not commit a murder, neither is the killing of an animal considered murder). There must also be malice aforethought -- premeditation towards

Rule: Felony murder rule: When a crime occurs during an inherently dangerous act like a robbery (Katz 2013).

In the novel The Lord of the Flies by William Golding and the TV series Lost both involve a plane crash that strands characters on a desert island. All are faced with a struggle to survive. Unfortunately, three characters lose this struggle Piggy,Simon,and Mars die. The question is whether or not these characters were murder. Murder can be first or second degree. First degree murder requires hatred and premeditation (DocA), but 2nd degree murder involves and premeditation (Doc A).

The difference between first-degree murder and second-degree murder is very simple. First-degree murder is a planned killing. For instants, Victoria comes home and finds her husband in bed with Shelly. A few days later, Victoria breaks into Shelly house and stabs her to death for sleeping with her husband. Victoria started to plan Shelly's murder once she walked on her husband cheating on her with Shelly. Second-degree murder, however, is different. An intentional killing that is not premeditated, nor committed with "heat of passion"

What did the judge do wrong? Which judicial selection option—either appointment, election, or merit—would help to reduce instances of judicial misconduct?

There are three main “degrees of murder.” There is third-degree murder, which is a little more complicated than the other two. When people do not meet the standards for first-degree, or second-degree, murder they are usually classified in this category. A third-degree murder is a murder that is not premeditated. The next level up is second-degree murder. This degree is classified as an intended, but not premeditated, murder. The highest degree is first-degree murder. This is an intended and well thought out plan to murder somebody. Being charged with this degree is saying that you thought about how you were going to seek out and kill your victim. People who are guilty of first-degree murder could be tried for the death penalty. This is

The state of New Mexico defines murder in the first degree as the killing of one person by another without a lawful justification or excuse. Any action resulting in death, which can be proven to have been willful, deliberate and premeditated; committed during the commission or attempt to commit a felony; or by an act so dangerous to the lives of others that it indicates a depraved mind and disregard for human life, is a capital felony (NM Stat § 30-2-1). Currently, capital felonies are subject to a sentence of life imprisonment, or a “true life imprisonment” sentence which provides no option for release or parole (NM Stat § 31-18-14). However, from 1979 to 2009, New Mexico carried a harsher set of punishments for first-degree murder; life in prison with the possibility of parole, or the death penalty.

The hierarchy rule requires for a law enforcement agency to count the highest offense and ignore all others, but keeping in mind that by this rule it does not affect the number of charges the defendant will be prosecuted by the court. It’s also, when you have a defendant charged with different offenses and the police agency will choose only the highest offense. For example: a person is charged with Driving Under the Influence of Alcohol, Driving with a Suspended Driver License and First Degree Murder. The law enforcement agency will choose the highest on the hierarchy list which is first degree murder and the agency will not report the other two because they are misdemeanors. Another great example of the hierarchy rule is the Petit Triple

On October 14, 2015 The Press Enterprise published an article titled “Northern Arizona Student Charged With murder” According to the report; police charged the student named Jones with second-degree murder,who was accused of shooting a group of students, injuring three students and killing one student. Jones was first charged with first-degree murder because of the murder of Coling Bourgh. Fortunately, the police reduced his charge to second-degree murder, saying that the Attempt jones did was not deliberate. In addition, first -degree murder carries a sentence to the prison for whole life, whereas second-degree murder carries a sentence to the prison for more than 25 years of life.

To be found guilty of first degree murder, it must be proven that killed someone with malice aforethought, meaning it was planned, premeditated. First degree murder is to kill malevolence, to kill either intentionally and deliberately or recklessly with the utmost disregard for human life. Premeditation may be fashioned immediately and does not require a lengthy period of contemplation. The death penalty is recognized in Thirty-eight states. Capital first-degree murder or aggravated first-degree murder is categorized in killings viewed as deserving of capital punishment. Life imprisonment or death penalty is the punishment resulted in a conviction. States who do not recognized the death penalty, aggravated murder carries life imprisonment.

Like all degrees of murder, second degree murder varies from state to state however in general terms it is referred to as the unlawful killing