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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.
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| Comments |
| 26 thru 30 of 105 comments |
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On 05/10/04
chelsea from ME said:
i agree with everything that everyone has said
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On 05/07/04
Barb from NY said:
I am tired of reading about children being kidnapped and murdered by
people who have already been in jail and released. Sometimes these
perpetrators have been in and out of jail a couple of times because
they previously committed offenses against children. I know when I
have a child if someon were to hurt them I would demand the death
penalty for them. Anyone that says it is not a deterrent is wrong,
because it will deter the person put to death from ever committing the
crime again. People that hurt children are animals, and we don't
hesitate putting animals to death if they
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On 05/06/04
Dana from CO said:
ok some of you are looking at this on a one way street. All that believe in the death penalty as saying, the victim's children, sisters, brothers, husbands, wifes, etc... When you put someone on death row it makes another victim. What about the murderers family, they're children, they're moms and dads. This world is filled with absolute greed and th US thrives on that. Common not one person can do the job of GOD and I do agree on pucishment, but someone to murder someone is SICK, they need help. This world is so worried about money, but why don't we all try to help each other out. Make PEACE!!
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On 05/06/04
me from AZ said:
God maybe the last thing on a murderers mind...Law is law...The people who wrote this may or may not have belived in(followed) the religious writings, but if a lawyer brought your argument into the court room, he would be laughed at. Think about the amount of people get off on an INSANITY plea.....murder is murder..If it happened once it could happen again..
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On 05/05/04
sherry from TX said:
My Brother was murdered last week. Before his murder I didn't really believe in the death penalty. Now that I have to see my mother and his children fatherless I have had a complete change of heart. He has hurt all of my family terribly bad. My nephew was also shot and with extreme medical attention he survived. If you haven't ever lost anyone you love to murder than you may not feel this way. I believe that everyone has there own opinion to the death penalty and thats what makes all of us unique. keep in mind that it could happen to you or someone you love
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