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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
    41 thru 45 of 105 comments    ...  6   7   8  [ 9 ]  10  ...   
    On 03/31/04
    Joni from AZ said:
    Just in response to the previous comment, which said "if you don't want others to live, then you deserve to die" If the public system that has been set up in the pursuit of justice allows an innocent on death row be executed, what is the suitable form of punishment for allowing this disgracefull miscarrage of justice? NONE, except the potential for more innocents to be executed. If guilt of a capital case is questionable, then why not give them life sentences to reduce the chances of an error occurring and an innocent being executed, oh this is cheaper & uses less resources than execution
    On 03/27/04
    Shannon from MD said:
    I think the death penalty is wrong. If somebody kills someone, people should try to help them instead of just putting them to death without giving them another chance. Most people charged with murder are not well off or have had a hard life. It isn't necessarily a question of being a good or evil person.
    On 03/24/04
    Peter from CA said:
    I've read through every comment on this page and I have some input. 1) Those who refer to the death penalty as murder immediately defy the very definition that our laws use and all your logic from then on is skewed. Murder must be unlawful and with malice. Look it up. 2) Murderers know the laws. They know that if caught they could recieve the death penalty, but they still take lives. They have no regard for life and they believe that they can cheat the system. They're right. What if your closest friend was murdered and you knew you were next. What would your opinions be? Think on it.
    On 03/16/04
    Alex from Othe said:
    Why bother even considering killing a killer? Because they live only to kill others.Sure we might convict some innocent but the world isn't perfect.Who casres what a movie says,you can't live your life by a movie. One innocent killed on death row is nothing compared to the 10's of people who might be killed by a parolled murderer.We can't take that chance.What of Timothy McVay? Was it wrong to excecute him for blowing up that building killing hundreds of people? Of course it was right to kill him he is a killer with no respect for life.If you dont want others to live, you dont deserve to live.
    On 03/09/04
    jim from AZ said:
    dude im white
    41 thru 45 of 105 comments    ...  6   7   8  [ 9 ]  10  ...   



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