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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
    36 thru 40 of 105 comments    ...  6   7  [ 8 ]  9   10  ...   
    On 04/30/04
    Angel from FL said:
    First degree murder is when you plan to kill somebody murder somebody and harm somebody badly.
    On 04/28/04
    kathy from TX said:
    You wouldn't feel that way if someone you were related to or a good friend was murdered for no reason. An eye for an eye and a tooth for a tooth
    On 04/25/04
    elois from MI said:
    Although you're angry because of your neighbor's death, I believe you'll be doing the same as the criminal did to your neighbor. So that makes you no better. So then they should send you to jail, no offense. Death should not be put in the hands of another, punishment for life would be a better alternative.
    On 04/13/04
    Michele from AL said:
    The death penalty has been around forever. I personally agree with the death penalty. After seeing my neighbor & friend beaten & stabbed to death has fully opened my eyes to how the system works and how I feel it should work. Why should this man that did what he did to her be able to take another breath when she is not able to. Her three children will never see her again and never spend another holiday with her. He took away their most positive influence in their lives. Personally for a crime as hanious as this was, I think he needs to have to same done to him and he did to my friend.
    On 04/06/04
    anonymous from IL said:
    One cannot look at the death penalty in a black or white state of mind simply because the magnitude of the crime, and the punishment for that matter, is one that by nature is controversial. When a murder takes place, one must take everything into consideration: from their upbringing, to the nature and motives of the crime, to age, to precedents, to race, etc. Please understand that the world isn't out to set examples of people and create animosity and controversy. Our country's courts do what they think is right, by sworn duty. Make it easier on them, make this world a better place.
    36 thru 40 of 105 comments    ...  6   7  [ 8 ]  9   10  ...   



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