Quote:
Originally posted by: Smiles
I'm not sure I understand your question. Are you asking why someone should be punished less severely if the murder he committed was only considered for a second - rather than plotted out over a longer period of time?
Or are you asking what legally determines whether a case is tried as first or second degree?
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No to the first part....yes to the second.
I really have two questions.
1. Is premeditatation an element of second degree murder?
If no, then
2a. How could Laci's death have been premeditated, but not Connor's.
If the answer is yes, then
2b. What distinguished the two charges?
I've always assumed the following definitions of murder:
One: includes premeditation
Two: no premeditation
Three: more defined by some type of criminal negligence.
Of course, everything I know about the justice system, I learned from Matlock.