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Question: What is first degree murder?

Answer: There are several types of first degree murder, all of which are defined by A.R.S. § 13-1105.

The first definition of first degree murder is causing the death of another person with either the intent or knowledge that the conduct will cause death and with premeditation. Premeditation is often described as 'malice aforethought,' which basically means that you probably considered the consequence of your conduct for at least a second before you committed the act.

The second definition of first degree murder is causing the death of another person while committing or attempting to commit another crime like sexual conduct with a minor, sexual assault, molestation of a child, various drug-related crimes, kidnapping, burglary, arson, robbery, escape from jail, child abuse, or unlawful flight from a pursuing law enforcement vehicle, or while fleeing from the scene where you committed any of these offenses.

The third definition of first degree murder is causing the death of a law enforcement officer in the line of duty while intending or knowing that the conduct will cause the officer's death.

Any kind of first degree murder is a class 1 felony and is punishable by death or life imprisonment. In Arizona, the trial jury decides whether the defendant has committed first degree murder. Then the judge holds a separate sentencing hearing to determine the proper sentence. A.R.S. § 13-703 outlines the various 'aggravating' and 'mitigating' factors that the judge must consider in reaching a decision about whether to impose the death penalty.

Recently, the Arizona case State v. Ring went before the United States Supreme Court. The Court decided that Arizona's system of jury-conviction and judge sentencing (which is similar to the system in several other states) is un constitutional. This means that now a jury must find a person guilty of First degree murder, and also approve of the death sentence being given as punishment for the murder.


Comments
46 thru 50 of 105 comments
On 02/27/04
Elisa G from DE said:
Hello what you just stated is true, but if a teen dosent want to be tries as an adault than they should act as what we are teens. If we choose to do things that we know should'nt be done than why should you go and still do it, think about that. Anyone that commites a crime should be punished, age dosent matter, you should know what is wrong or right.
On 02/27/04
Jeanetta from LA said:
Today along with eleven more people we had to find this young man who was only 24 years old guilty of armed robbery..that hurted. I have cried and cried all day today because of this. The evidence was there but I also argued alot of good points that the defendant lawyer pointed out. The two witnesses identified too well of an description of the clothing that the robbers had on and too there was ALOT of evidence that linked him to it. My heart goes out to the two victims but for the most part the mother of the defendant.Why? Because his prime years will be behind bars. This was very emotiomal
On 02/26/04
Sherry from AZ said:
I was a very firm believer of the death penalty. Until I watched the movie "The life of David Gale". It's a scary thought to relize that there are innocent people sitting on death row. Watching that movie makes you really think who are we to murder are we not just like the murders when we flip the switch and take a life. How can you honestly sit on a jury and say I find this person guilty without reasonable doubt if you do not have a confession. Is there not always reasonable doubt if you do not see something with your own eyes. Just some food for thought.
On 02/25/04
kristen from SD said:
I don't agree about murder but I also don't agree about teens getting tried as an adult. I think they should spentd time in juvinile jail and then be tried as an adult when they are 19and older.
On 02/24/04
Samantha Skillings from ME said:
Listen, those people who say, "Oh, no death menalty and no war, it's wrong!" need to open their eyes. This is how the world is and as long as consciences vary we will have war, death and hatred. Accept it or hide from it. Jail isn't just where you are given a clean room, edible food, and that's that. Watch an episode of the show "OZ" if you don't understand. If guilty the death penalty is the way to go. What better way of punishing someone who lives to end lives, than to take theirs from them? All I'm asking is for you to try an tolerate violence, you don't have to accept it. Hooah!
46 thru 50 of 105 comments



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