Speak Up! - View Question #309

« LawForKids.org home page | « Go back to speak up question #309

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
21 thru 25 of 105 comments
On 04/28/05
witheld from TN said:
my friend was charged with first degree murder recently. he is only 17 and will be tried as an adult. i feel like my whole world has just been turned upside down. i just want to go somewhere and cry. i'll probably never see him again.
On 06/17/04
Valerie from VA said:
Ok, Listen up! There is a charge "guilty by association" meaning-if you're with one person or group of people & a murder is committed everyones guilty. It doesn't matter if you did the actual murder, your association by being there labels you as guilty. I have a love one (17yrs old @ the time) who was in the wrong place at the wrong time, hanging out with his friend, a fight broke out, someone was beaten & later died. My love one didn't touch the victim, because of his assoication to the group & him being there he received a murder charege. He's still in & now 35. - word to the wise!
On 06/01/04
janae ashford from MI said:
I think that first degree murder is a herendous crime and it should try to be stopped in it's tracks. If you committed first degree murder, then you should feeel ashamed and if you are in jail, then you get what you deserved.
On 05/27/04
S.R from Othe said:
UM....see i dont think that either or is right.the killer should be charged but it isnt right to kill them for it.yet where i live the death penalty is outlawed but thoese who commit murder are sentenced to life in prison.this is a just solution but then problem is when a parole or bail appears.this means that the erson may likely get off for theie crime.it is a hard question to answer .....
On 05/19/04
KIA from NY said:
I DON'T BELIEVE IN THE DEATH PENALTY, BECAUSE THE JUDGE WHO SENTENCE SOME ONE TO DEATH IS A MURDER HIM SELF, HE'S NOT GOD NOR THAT PERSONS MAKER, AND HE WHO SENTENCE ONE TO DEATH WILL SOME DAY BE JUDGE. I THOUGHT JAILS AND PRISONS WERE BUILD TO HOLD AND PUNISH PEOPLE FOR THEY WROUNGFUL DOING NOT KILL THEM.
21 thru 25 of 105 comments



Read more about the law and Other
Related Stories
Related Laws
« LawForKids.org home page | « Go back to speak up question #309