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Crime

Murder


The intentional killing of any human being by another is defined as murder. Different from manslaughter, murder is planned in advance rather than in the heat of the moment.

A murder is said to be committed with malice, an intention of harming or killing another person. In most states, murder is considered to have two degrees, or levels.

First Degree Murder

A killing that is planned out in advance for the express purpose of causing the death of any person is first degree murder. First degree murder is commonly referred to as "cold blooded" because of its calculated brutality.

Second Degree Murder

Second degree murder is committed with the intent of injuring and killing another person, but is not planned in advance. In this sense, it is much like manslaughter because it generally happens in the heat of the moment.

Punishments

Second degree murder will most often result in a long-term prison sentence. First degree murder is often eligible for a verdict of life in prison without the possibility of parole, or even capital punishment. There are differing theories on whether issuing the Death Penalty for these cases is fair and just. Some argue the theory of "an eye for an eye" to claim that the murderer deserves to be put to death, while others insist that it is never acceptable to take the life a human being.

When a judge is considering what type of punishment to issue following a guilty verdict in a murder case, they will usually examine the criminal history of the person on trial. A person with a previous crime record is likely to receive a more severe form of punishment than someone without a criminal past. In some states, any person convicted of murder who has a previous conviction will be sentenced as a first degree murderer, regardless of the type of homicide that was committed.

Justifiable Homicide

Only one form of murder is considered justifiable and therefore excusable. Justifiable homicide involves an individual killing a criminal who is in the act of committing a felony, especially if the crime put the individual at risk of personal harm or death. A law enforcement officer who kills a felon is also considered to have done a justifiable deed.


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