Which is worse : First Degree Murder or Second Degree Murder?

Discussion in 'Off Topic' started by Kenji4861, Mar 19, 2003.

  1. Kenji4861

    Kenji4861 Banned

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    For some reason, unlike burns or level in Tae-Kwon Do, I always thought First Degree murder was worse than Second Degree murder.

    I read their descriptions on google, but both seem to be the same thing. Both intentionally planning and killing a person.

    So which is worse?
     
  2. Antisocial Virge

    Antisocial Virge Diamond Member

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  3. Zebo

    Zebo Elite Member

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    I'm guessing you gets more jail time for first degree because you premediated it. Worse for who?
     
  4. Rufio

    Rufio Banned

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  5. slikmunks

    slikmunks Diamond Member

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  6. yellowperil

    yellowperil Diamond Member

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    Both involve malicious intent but first degree requires an extra element of premeditation, and not done in a heat of passion. Most places 1st can get you the death penalty while the max for 2nd is life.

    Some legal scholars think the distinction should be eliminated since some courts have found that premeditation can be formed within a couple minutes.
     
  7. udonoogen

    udonoogen Diamond Member

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    think 1st also includes malice aforethought.
     
  8. iwearnosox

    iwearnosox Lifer

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    Worst in California is "special circumstances." I helped put a guy on death row because of it. Includes special things like hate crimes, lying in wait, murder in the comission of a felony, etc.

    It has to be in conjunction with murder one of course.
     
  9. eplebnista

    eplebnista Lifer

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  10. roncarter

    roncarter Golden Member

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  11. Codewiz

    Codewiz Diamond Member

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    Hate crimes ARE LAME. If you killed a person the punishment should be the same as everyone else. If you killed someone you probably hated the person.

    I just feel that if you kill someone in the 1st degree you should spend life in prison without parole. I personally don't care if it was a "hate" crime.
     
  12. guyver01

    guyver01 Lifer

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    To quote south park "aren't all crimes, a hate crime? If you liked someone, you wouldnt be committing a crime against them."

     
  13. Spac3d

    Spac3d Banned

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  14. Codewiz

    Codewiz Diamond Member

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    VERY TRUE!!!! :)

    Well I understand the desire to punish a skinhead nazi for killing a Jew MORE but I feel that the killing alone is enough. Throwing an extra "hate" crime charge is unneccessary and stupid if the courts punish the criminal correctly on the real crime.

     
  15. datalink7

    datalink7 Lifer

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    Hardly. Maybe murder in the 1st degree, but most Rapist don't hate their victims. They want power over them.

    Or you are robbing a store and the cops come in so you shoot one trying to get away. You don't hate the cop necessarily, you just shoot them to get away.

    Or you stick up a bank, and someone refuses to open the vault. You beat the crap out of them. You don't necessarily hate them, you just want them to open the vault.

    etc. etc.
     
  16. dullard

    dullard Elite Member

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    Under the law 1st degree is worse. However in reality, who would you want to be near: someone who spent time and effort to plan and kill his/her one main enemy (a 1st degree murderer) or someone who just snaps and kills the nearest person (2nd degree murderer). By far I'd rather be near the 1st degree murderer (you are safe if you aren't their #1 enemy and if you are the #1 enemy you can just move far far away). Thus I think 2nd degree murderers should always be locked up for life. I think 1st degree murders should in some cases be free.
     
  17. clamum

    clamum Lifer

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    both are pretty equal IMO. either way you fvcking killed someone and your @ss should be punished.
     
  18. yowolabi

    yowolabi Diamond Member

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    I agree. Why make a distinction for premeditation? Why make a distinction for doing it during another crime? All murderers should get life in prison, regardless of if they hired a hit man, caught someone cheating and shot them on the spot, tortured them first, or shot someone because they were gay.
     
  19. Aquaman

    Aquaman Lifer

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  20. Mday

    Mday Lifer

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    murder has intent

    1st degree is premeditated, ie you thought and planned stuff
    2nd degree, well, it's not as planned out and thought out

    manslaughter has no real intent
    degrees may not exist depending on local laws, see above with respect to murder. ie, 1st is premeditated action causing death without intent to kill

    --

    laws vary locally.