Why First Degree Murder Is the Greatest Offense
There is a murder case going ahead in the news almost all the time. 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. However, the classifications could be confusing for other people. For a crime to be taken to be first-degree murder, there are some things that it must showcase.
Homicide is a crime where the unlawful act of someone results in another persons’ death. Three kinds of homicide exist, and they include justifiable homicide, murder, and manslaughter. For it to be murder, the accused must have had the intention to kill the victim. Manslaughter, on the other hand, means that the accused killed someone, but the action that caused the death was not meant to kill. For instance, if somebody gives the drugs that another person uses to overdose. Justifiable homicide is a murder that is caused by self-defense. No charges are filed. When it comes to first-degree murder, the prosecutors must prove the intent, deliberation, and premeditation. The intent is whereby the blamed had the objective for ending a life, regardless of whether they took the right one. Deliberation and premeditation go hand in hand. If the murderer spent a long time planning and putting everything in order consciously, then, the action was deliberate. Premeditation is if the person had time to consider what they were about to do but still did it. Premeditation is proved if the offender pauses a bit before committing murder. This respite demonstrates that they knew the activity was not the right one.
Now, most of us are wondering what the difference between first and second degree is. The difference is that in the second degree, there was no planning at all, just the intent. These are almost all crimes of passion. A good example is if someone finds their spouse cheating, gets angry and kills the offender, they had the intent, but it was not planned. Each state has its prerequisites for a murder to be viewed as a first degree. Great research is expected to take in 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.