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    Speak Up! - View Question #309


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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
    11 thru 15 of 105 comments     1   2  [ 3 ]  4   5  ...   
    On 07/19/06
    apples from DC said:
    We should not use the death penalty for our on purposes because of someone commited a murder some people use the bible the wrong way of justify that there love ones was killed,GOD said that you commit a crime that you will be punishes for your sins we can should not have that right to do the lords work, If that person get life in prison and change there life around because you can change( who are we to judge that man or woman for what they did. God said fear me! Not man! every one would have there day to be judge even I. No sin is greater then another.
    On 07/09/06
    barbara from NJ said:
    What is felony murder? How does it differ from other forms of murder
    On 04/15/06
    Matthew from PA said:
    I disagree with this past comment. Yes, God said, "Do unto others as you would have them do unto you." However, that doesnt mean whatever you do to someone must be done to you. What God says is that the way you should carry your actions is in a way in which you would like to be treated. I seriously doubt that anyone with a substantial mental status would want to be killed. Just something to think about....
    On 04/11/06
    from VA said:
    I have always firmly believed in the death penalty, as the bible say's, an eye for an eye. But recently my older brother was arrested for murdering another man who was seeing his girlfriend on the side. At first I felt conflicted about what I believed in and my love for my brother. Now that I can stand back and look at it clearly, the victim's family in this case should no more have to pay to support my brother for the rest of his life than I,if someone murdered my child.So therefore, I believe that if you kill, then you should be killed. God did say, "Dountoothers,asyouwouldhavethemdountoyou"
    On 04/03/06
    Matt from NC said:
    Until this past week i was just like most of yall and thought when somebody killed someone the should be put to death. And thought that i would always feel that way until a close family member was put into jail and was convicted of First degere murder. Someone i knew all my life someone i grew up to admire before this that person hadent even got a speeding ticket. that person has plead guilty and i understand he has to be punished for what he has done but killing this person will not solve anything it will not bring the person that waskilledback.Youmaythinkitwill dothefamilyjusticebutitdont
    11 thru 15 of 105 comments     1   2  [ 3 ]  4   5  ...   



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