Elements of first degree murder?

Question

Also in plain language please... ( one a normal 16 yr old can understand) or you could just give me the link to the site ;) THANXXXXX mang

Answer 1

It depends on where you are. In Texas, it does not have to be "premeditated" to be first degree murder. You can be charged with murder here:
1) If you intentionally or knowingly cause the death of someone it is first degree.
2) If you intend to cause serious bodily injury and commit an act that is dangerous to human life that causes death.
3) If you commit or attempt to commit a felony and in the course of the act or attempt, or in immediate flight from the act or attempt, you commit or attempt to commit an act that is clearly dangerous to human life and cause the death of an individual.

Now an example of each.
1) Somebody hates another person and decides to kill them.

2) Somebody means to kick somebody else's a$$ with a metal pipe intending to just hurt them really bad, but the person dies as a result. Hitting a person with a metal pipe is clearly dangerous to human life, so it's murder.

3) Somebody robs a convenience store, or even attempts to, and then tries to get away in his car without caring what got in the way, accidentally running over a little old lady walking in the parking lot. The crook was fleeing immediately after the first felony crime and killed somebody. It does not matter if it was intentional or not.

If any of these types of circumstances exist, the person is charged with murder and qualify for first degree punishment range. First, second, or third degree applies to the amount of time a person can be put in prison.

First degree punishment range: 5-99 years
Second degree punishment: 2-20 years
Third degree punishment: 2-10 years

Answer 2

The answers above are pretty good. In Texas, the offenses are not categorized with degrees like some states. The charges are murder, capital murder, manslaughter, and criminally negligent homicide. The components of the offenses and how they are categorized are drawn out. Go to the link below and you can see how it's worded in the actual penal code for Texas. All states are similar, but have some differences.

Answer 3

It varies slightly from state to state, but the general principle is the same. First degree murder is the unlawful and intended kililng of another person.

In order for someone to be found guilty of first degree murder the government must prove that the person killed another person; the person killed the other person with malice aforethought; and the killing was premeditated.

To kill with malice aforethought means to kill either deliberately and intentionally or recklessly with extreme disregard for human life.

Premeditation means with planning or deliberation. The amount of time needed for premeditation of a killing depends on the person and the circumstances. It must be long enough, after forming the intent to kill, for the killer to have been fully conscious of the intent and to have considered the killing.

First-degree murder in California includes a killing that is "willful, deliberate, and premeditated," or that is committed in the perpetration, or attempt to perpetrate, certain felonies, including burglary, and not including the petty offense of shoplifting. Cal. Penal Code S 189.

Hope this helps!

Answer 4

The elements for first degree murder are discussed in United States v. Free, 841 F.2d 321, 325 (9th Cir. 1988) ("The essential elements of first-degree murder are: (1) the act . . . of killing a human being; (2) doing such act . . . with malice aforethought; and (3) doing such act . . . with premeditation."); United States v. Warren, 984 F.2d 325, 327 (9th Cir. 1993)

Answer 5

First degree murder is "premeditated" murder. Basically, if you plan out the murder of someone, then you have "premeditated" it, and that makes it first degree murder. In some states, that means the death penalty.

Answer 6

This Site Might Help You.

RE:
Elements of first degree murder?
Also in plain language please... ( one a normal 16 yr old can understand) or you could just give me the link to the site ;) THANXXXXX mang

Answer 7

Check the box for PENAL CODE. In the search section, enter murder. PC187 is the code for murder in CA. Read it. It's interesting.