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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
6 thru 10 of 105 comments
On 02/03/08
Sandra from IL said:
True murder is a terrible thing, in my opinion, two wrongs do not make a right ie. the murderer should be punished but not by killing him, that is revenge and equates to the State also acting as a murderer!
On 01/09/08
tyler from AL said:
I don't think their should be a death penalty because if someone was to kill another person they shouldn't get the death penalty the should just rot in prison and feel the pain that he/she just gave the family
On 01/09/08
tyler from NV said:
i think murder is really wrong if you can kill someone and not expect that the person's family isnt going to get you back and not want to put you in prison or maybe they want you to get the death penalty
On 07/17/07
Robert from CA said:
Jesus also said to turn the other cheek, forgive and forget, hate the sin but love the sinner.
On 08/27/06
Eric from NC said:
Even though I am a strong Christian and live my life everyday. I still feel that we cannot base our laws on the laws of the Bible. Though thats what we feel is right, it violates the first amendment, freedom of religion. Laws should be unbiased and just thats why i feel that an eye for an eye system is wrong.
6 thru 10 of 105 comments



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