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Old 05-12-2008, 04:42 PM   #26
Sheriff Gonna Getcha
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Join Date: Feb 2004
Age: 46
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re: No Death Penalty for Taylor's Killers; Fifth Suspect Charged; Suspect Pleads Guilty

Quote:
Originally Posted by mooby View Post
Also, what constitutes a 1st degree murder? I'm not familiar with the differences between 1st/2nd/3rd degree murder.
Each state legislature determines what constitutes the difference between first, second, and third degree murder. As you might have guessed, first degree murder is the most serious of the three and typically involves premeditation and/or the death of a law enforcement officer. Second degree murder typically entails the intentional, but "non-premeditated" (a fine distinction), killing of another person. The types of acts that can constitute third degree murder vary wildly from state to state. However, I believe "crimes of passion" may fall within that category. So, for example, if I walk into my bedroom and catch Smootsmack with my wife and I kill him, I may face third degree murder instead of second degree murder due to the surrounding circumstances.

In any case, I think the whole discussion is rather moot ... at least with regard to the shooter. It's not exceeding difficult to prove felony murder in the case of a robbery. The shooter is royally f'ed and I cannot see the prosecution entering into a plea agreement whereunder the shooter serves less than 50 or so years. But, what do I know, I'm not a criminal lawyer.

On a related note, when should cost EVER be a factor in determining whether to execute someone or send them to life in prison? The notion that the cost of (not) executing a convict should have ANY impact on the decision to (not) put someone to death is crazy. That sort of thinking appeals to Chinese communists and wackjobs. Under no circumstances should any rational person (especially a true "conservative") consider such things when debating whether someone should be put to death.
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