My college professor was talking about homocide and how theres different degrees to murder depending on if it was planned, or done with passion, or just a mistake....i have a question.....For the case of a couple, if the wife was caught cheating on her husband, and the husband walked in on them, and he killed the man that his wife was cheating on him with with a licensed gun,due to anger, is there an exception, like because he was angry due to this circumstance he was put in? or a different degree, and how much jail time does he get? Will the court consider this circumstance?
If the guy says that he thought his wife was being raped, would that change things? since it was toward protecting her?
If this would be in New York State and he had no past criminal history
2007-09-26 05:46:31 · 5 answers · asked by cbr600rr 3 in Politics & Government ➔ Law & Ethics
He'd need a reason to already be holding the gun- crimes of passion get very little forethought. He might have a better case if he'd picked up a blunt instrument and bludgeoned the man.
How he gets sentenced depends heavily on the Prosecutor, and the rest of the circumstances surrounding the incident. Does he know the victim? Why was he carrying a loaded gun? If his wife thought he wouldn't be home for a while, what prompted him to go home early that day?
2007-09-26 05:56:47 · answer #1 · answered by Beardog 7 · 0⤊ 0⤋
In Colorado that is 2nd degree murder, also the circumstance of him thinking she was being raped would be taken to trial. the Prosecutor would prove that the husband and wife were having problems because usually when you cheat there are signs, from the prosecutor's evidence it would more than likely be a charge of second degree murder.... hope this helped!!
2007-09-26 12:59:06 · answer #2 · answered by Melinda G 2 · 1⤊ 0⤋
This is the classic example of what is commonly referred to as a killing in the "heat of passion." When a person causes the death of another, but acts under the influence of "extreme emotional disturbance," then the crime is mitigated from second degree murder to manslaughter. Catching a spouse committing adultery is one of the traditional events recognized as being able to trigger an extreme emotional disturbance sufficient to reduce the crime from second degree murder to a lesser offense. Whether extreme emotional disturbance existed or not is for the jury to decide.
"Heat of passion" mitigation is recognized in nearly every state, including Missouri (Missouri Statutes 565.023), and New York (New York Statutes 125.20).
In Colorado, its still called 2nd degree murder, but is reduced from a class 2 felony to a class 3 felony (Colorado Statutes 18-3-103(3)(b)).
2007-09-26 13:45:17 · answer #3 · answered by Mr Placid 7 · 1⤊ 0⤋
In Missouri, that would be "Second Degree Murder".
The only difference in sentencing is that the Death Penalty is not allowed. Sentences up to and including life in prison would be allowed in that case.
2007-09-26 12:51:17 · answer #4 · answered by Citicop 7 · 1⤊ 0⤋
Greetings. not a answer but rather a extention of your question. Why did he kill the man his wife was committing adultry with and not her? the man was not betraying him, his wife was. Killed the wrong party. so temporary insanity.
2007-09-26 13:03:27 · answer #5 · answered by Rich M 3 · 1⤊ 0⤋