Me and my friend at school are having a debate on which charge is worse for a criminal act and their sentences.so which is worse, First degree or the third degree? And also what are their sentences.please.
2007-03-15 00:03:19 · 7 answers · asked by Kashmoney 1 in Politics & Government ➔ Law & Ethics
First Degree Murder is the "worst."
In most states, to get a first degree murder conviction, the prosecution must prove that the murder was premeditated, meaning that the killer made deliberate plans to kill someone, OR
the other way to get a first degree murder conviction is through the state's felony - murder laws, if they exist, which states that if someone dies as a result of your commission of a felony, you are guilty of first degree murder.
Depending on the state, the maximum sentence for first degree murder can be life in prison, or the death penalty.
Most states that have a death penalty can only impose it if certain mitigating circumstances are present, and typically, any death sentence is automatically appealed.
2007-03-15 00:08:05 · answer #1 · answered by Scotty Doesnt Know 7 · 0⤊ 0⤋
First degree is the "worst" or the degree of murder that would get a higher sentence.
There is not a national standard of what a sentence would be for a first degree murder. In deciding what a sentence should be, many things are brought into consideration:
past criminal history
elements of the crime
state guidelines
etc.
also, one can get a first degree murder charge and have other charges as well, which would affect the sentencing outcome.
check your local laws. there is usually a minumum and a maximum with each charge.
2007-03-15 07:50:05 · answer #2 · answered by Lisa S 3 · 0⤊ 0⤋
First degree murder is premeditated (planned and thought out) intentional murder,
Third degree murder is often unintentional or accidental - for example, a car accident that was your fault in which the other party was killed.
First degree murder can have a variety of sentences including life in prison, the death penalty (depending on your state), or a large number of years, with or without parole.
Third degree murder usually receives a lesser sentence, and the charge is often changed to manslaughter.
2007-03-15 07:13:08 · answer #3 · answered by Miss B 2 · 0⤊ 0⤋
I don't know their sentences, but 1st degree is worst. Then 2nd degree. Then Voluntary Manslaughter. Then Involuntary manslaughter.
1st degree requires premeditation... like you planned it out and you went and killed the person.
2nd is usually more reckless... you didn't plan it, but you still took someone's life
Voluntary manslaugter is a mitigation down from 1st or 2nd degree murder... it has a bunch of requirements... most importantly you have to be provoked by something... like catching your spouse cheating on you.
Involuntary manslaughter means what it says: you didn't mean to do it, but it happened.
You can get life or death for 1st degree murdern and it works down from there. I don't know the specific ranges... and i'm sure it varies by state anyway.
2007-03-15 07:10:25 · answer #4 · answered by kmnmiamisax 7 · 0⤊ 0⤋
a) Murder of the first degree - A criminal homicide constitutes murder of the first degree when it is committed by an intentional killing which would make it the worst because it a planned murder.
2007-03-15 07:10:40 · answer #5 · answered by Debra D 7 · 0⤊ 0⤋
premedited first degree
2007-03-15 07:11:27 · answer #6 · answered by F S 2 · 0⤊ 0⤋
1st is the worst in court, but to me all murder is heinous!
2007-03-15 07:06:01 · answer #7 · answered by Billie R 4 · 0⤊ 0⤋