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Comparison Of First and Second Degree Murder
The first-degree murder tends to occur when a person intends to kill another person. In other words, it can be said as deliberation and premeditation. On the other hand, the murder in the second-degree murder is considered to be intentional killing (Robinson et al., 2017). The murderer in the second-degree murder kills the other person by extremely reckless conduct. In simple words, it can be said that the murderer intent to cause serious bodily harm to the victim, and use a deadly weapon.
The mode in the first-degree murder includes bombing, poisoning, torture, or assault with a weapon. On the other hand, when it comes to the second-degree murder, the mode can be any weapon. The penalty for the murderer of first-degree murder is either death penalty or life imprisonment. On the other hand, the murderer in the second-degree murder receives a minimum of 10 years sentence in prison. One thing that must be taken into consideration is the fact that whether the murder is the first-degree or second-degree, the murderer must be given harshest penalties.
The matter of fact is that there are always some special circumstances in any type of murder whether it is the first degree or second-degree murder. When it comes to the first-degree murder, in the jurisdictions like New York, only that murder is considered as the first degree, if it is accompanied by certain circumstances such as torture, multiple murders, or sometimes the felony-murder rule (Robinson et al., 2017). On the other hand, when it comes to the second-degree murder, there isn't any specifications like special circumstances set as they are in the first-degree murder. The murderer in the second-degree murder does not require any special circumstance to classify as the second-degree murderer. However, one thing that must be taken into consideration is the fact that in any second-degree murder, there is a high need to prove intent.
Robinson, P. H., & Williams, T. S. (2017). MAPPING AMERICAN CRIMINAL LAW Variations Across the 50 States: Ch. 5 Felony-Murder Rule.
Wyoming Woman Alice Uden, 75, Convicted of 2nd-Degree Murder. (2014). NBC News. Retrieved 1 February 2019, from https://www.nbcnews.com/news/us-news/wyoming-woman-alice-uden-75-convicted-2nd-degree-murder-n100766
(2019). Scholarship.law.upenn.edu. Retrieved 1 February 2019, from https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?referer=https://www.google.com/&httpsredir=1&article=8192&context=penn_law_review
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