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Situation: A girl at a university gets fed up one day and kills her roommate. Thirty minutes later, without any provocation, walks across the street and shoots and kills her professor. The girl is charged with first degree murder, the aggravating factor being the intent to kill or inflict great bodily harm on more than one person. Will this charge withstand a challenge from the defense? p.s. this is a hypothetical situation.

2007-05-09 16:20:40 · 11 answers · asked by Anonymous in Politics & Government Law & Ethics

11 answers

The charges for the suspect will be murder for killing her roommate and homicide for killing her professor. Two separate charges because the acts committed were independent from each other.

2007-05-10 16:47:48 · answer #1 · answered by FRAGINAL, JTM 7 · 0 0

I believe your terminology is a little off. Aggravating factors generally will apply to separate first degree murder from capital murder. An aggravating factor generally will not separate the forms of murder from each other. What you will need to look for is premediation and deliberation for murder 1.
The first question it seems like the moment she pulls the gun aims and fired may be enough for P&D. It can happen in an instant premeditation is the planning of a killing, and deliberation is appreciating the consequences. I think you have enough to show it on the first homicide. However the def. may look to reduce the crime based upon her acting under extreme emotional distrubance, upon which case she will be guilty of voluntary manslaughter under the model penal code. Vol Mans. exists when a murder is committted but the defendant is acting under adequate provocation. It is up to the courts to determine if the provocation was adequate in my opinion it sounds not to be. She likely will have that defense for the professor because she had a reasonable cooling off period which would disrupt the EED charge. That's most likely clearly murde 1. An insanity defense can not be addressed here based upon the facts, we are without adequate information.

2007-05-09 16:40:13 · answer #2 · answered by Damien T 3 · 0 0

For the room mate, I don't think so.
First degree murder has to have some additional circumstances:
Planning the murder
Lying in wait
In the commission of another crime
It sounds more like 2nd degree murder where she just went off the deep end and decided to off her roommate.

Now for the professor; that death wasn't so spontaneous or in the heat of passion. It appears that she had some time to really think about and prepare to kill him. So that one I could see being 1st degree murder.

2007-05-09 16:28:44 · answer #3 · answered by crusader rabbitt 5 · 0 0

Looks like she might be able to use the insanity defense, but otherwise the elements of intent and premeditation are there for first degree murder.

2007-05-09 16:27:14 · answer #4 · answered by Anonymous · 0 0

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2016-10-15 06:15:39 · answer #5 · answered by lambdin 4 · 0 0

I believe 1st degree murder indicates planning. Your situation doesn't sound like it was planned out, it's more of a spur of the moment thing.

2007-05-09 16:29:58 · answer #6 · answered by maigen_obx 7 · 0 0

Give some more details. What does she do with the bodies? What does she do after killing them? What do you mean my fed up? What motive was she acting on.

2007-05-09 16:26:02 · answer #7 · answered by Anonymous · 0 0

Was she employed by the US Postal service? Automatic insanity. Just kidding.

2007-05-09 16:46:42 · answer #8 · answered by johN p. aka-Hey you. 7 · 0 0

i am not sure and u scared me cuz i thought this was real!!! i was about to say shes nuts!!!

2007-05-09 16:25:05 · answer #9 · answered by sas 5 · 0 0

possible defence,,,,,she ate too many hostess twinkies

2007-05-09 16:25:30 · answer #10 · answered by quackpotwatcher 5 · 3 0

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