A man's wife of twenty years learns that her husband is having an affair and is transferring all their savings into an account and leaving the country, abandoning her and her kids. She obtains a gun and shoots him in the head, killing him. She dumps his body in a river.
A man who has a low opinion of women kidnaps a nineteen year old girl running alone in a park, kills her, dismembers her body and sticks her head in a jar to keep in his house.
Both of them get caught.
In your opinion, is one crime harsher than the other? Does one deserve a stricter punishment than the other.
How would your state/country deal with them and would they see a difference or would both people be charged with first degree?
2007-05-21 07:35:09 · 6 answers · asked by SM 3 in Politics & Government ➔ Law & Ethics
For clarification, both murders were premeditated and no one is insane.
2007-05-21 07:46:34 · update #1
Both are guilty of premeditated murder (murder in the first degree). Both clearly had the intention of killing their victim. The fact that your first example purchased a weapon and dumped the body suggests that this was a planned killing. Clearly, the second example who kidnaps someone and kills them had the intention of murder all along.
The main difference is the other crimes which were committed. The first example, according to the information given is only guilty of first degree murder. The second example, is also guilty of kidnapping and likely rape or sexual assault. These other crimes that are committed would be the ones that differentiate sentences. The first, in my opinion, should receive life in prison with the possibility of parole. The second should receive life in prison without the possibility of parole. My state does not allow the death penalty, but the second example may warrant such a sentence.
2007-05-21 07:49:09 · answer #1 · answered by msi_cord 7 · 1⤊ 0⤋
In most states, first-degree murder is defined as an unlawful killing that is both willful and premeditated, meaning that it was committed after planning or "lying in wait" for the victim.
For example, Dan comes home to find his wife in bed with Victor. Three days later, Dan waits behind a tree near Victor's front door. When Victor comes out of the house, Dan shoots and kills him.
Most states also adhere to a legal concept known as the "felony murder rule," under which a person commits first-degree murder if any death (even an accidental one) results from the commission of certain violent felonies -- usually arson, burglary, kidnapping, rape, and robbery.
For example, Dan and Connie rob Victor's liquor store, but as they are fleeing, Victor shoots and kills Dan. Under the felony murder rule, Connie can be charged with first-degree murder for Dan's death.
Using these examples, like in your example, shows that there is willful and premeditation. Likewise, both of your examples show willfill and premeditation, therefore, there is no difference in the situations. Both would be charged and hopefully convicted of 1st Degree Murder.
Roleplaying...and I were the woman whose husband was having an affair...either put up with it...or divorce him! The taking of a life is not our decision!
2007-05-21 14:44:50 · answer #2 · answered by KC V ™ 7 · 4⤊ 0⤋
In my opinion, they are the same. They both took the life of another human being. I would even go as far to say that the woman murdered someone she "loved", which I could never fathom. They should be treated equally in the eyes of the law.
2007-05-21 14:40:44 · answer #3 · answered by Anonymous · 3⤊ 0⤋
They're both guilty of murder, and both deserve the death penalty. The victims of both crimes had an equal right to life.
2007-05-21 14:38:50 · answer #4 · answered by evans_michael_ya 6 · 1⤊ 1⤋
YOU ASK ALLOT HERE.
THE WOMAN THAT KILLED HER HUSBAND WILL PROBABLY END UP DOING LIFE BECAUSE SHE PLANNED AND EXECUTED A MURDER. SHE WAS OF SOUND MIND AND IT WAS METHODICALLY PLANNED.
THE OTHER GUY IS PROBABLY IS INSANE, BUT HE WOULD END UP IN THE ELECTRIC CHAIR OR IN AN ASYLUM FOR THE REST OF HIS LIFE. HIS KILLING WAS MORE OF AN IMPULSE KILLING IT PROBABLY WAS NOT PLANNED THEREFORE HE WOULD PROBABLY GET MURDER IN THE 2 OR 3 DEGREE WERE AS THE WIFE PLANNED THE MURDER SHE WOULD BE CHARGED WITH MURDER 1.
2007-05-21 14:43:34 · answer #5 · answered by strike_eagle29 6 · 0⤊ 2⤋
This kind of ties in with hate crimes. I don't understand a non-hate crime? If you kill someone is it worse because you hated them? So if you liked them it is not as bad to kill them? If you kill someone, and it is not justified, i.e. self defense, then you should die also.
2007-05-21 14:44:23 · answer #6 · answered by lestermount 7 · 2⤊ 1⤋