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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
    16 thru 20 of 105 comments     1   2   3  [ 4 ]  5  ...   
    On 12/18/05
    Ynot K. Tarvats from IL said:
    Reading thru these comments, I found "anonymous" from IL (4/6/04 on page 5) to be very wise. To judge anything in terms of black and white is perhaps the worst crime a human can commit. Though I pray that no commentator on this article ever need to decide another person's fate, I hope that anyone in that position would judge the crime by what _IT_ is, not completely by their thoughts on murder and killing in general.
    On 10/26/05
    kC from Othr said:
    Should we let these heinous criminals just stay in jail for the rest of their lifetime? That punishment is not enough. The damage that they have done is irreparable. There is no other appropriate punishment but the death penalty. The death penalty shows that your life is tanatamount to the life of the person that you have killed. Criminals may think that they are superior than others. This would wake them up and would tell them that we are all the same and that they should think twice when they plan to kill a person bec. in killing that person- they are also taking their own life.
    On 10/24/05
    f from Othr said:
    killing is wrong! You can't justify violence with violence, only with proving that wrong is wrong without prejudice or corruption like the legal system is, because its based on a finacial institution like the courts. Society is cowardly and should together as communities bring forth corrections to our peers. Juries are fine sure but they are chosen by lawyers who defend on a bar that says even if you know they are wrong they have the right to a defense that says other wise. There is something seriously wrong with that. The political leaders are to invovled in the matter!!!
    On 09/15/05
    margaret from NC said:
    my sister was murdered 2 weeks ago,by her boyfriend.she was tied up run down by his truck then he saw that she was not dead he then took a shotgun andn beat her in the head beyond recognition and she was still alive,how we don't know,then he took the shotgun and shot her in the side with double barrels.what will happen to him in this case,will he get the death penalty,he was very drunk when he did this,and he has confessed to killing her..
    On 05/11/05
    juan from CA said:
    my brother is being charged for 187(a)pc. first degree murder for the murder of two fetus. he is innocent. i already went to his arraignment court date and now he's actually prelim is on 05/19/05. i pray to god this will be resolved.
    16 thru 20 of 105 comments     1   2   3  [ 4 ]  5  ...   



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