Quote:
Originally Posted by smags007
You obviously don't know what you're talking about when it comes to the law.
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I think everyone agrees that she is guilty but guilty of what exactly? Murder or Manslaughter? Manslaughter, no doubt, but she's being charged with Murder - Capital Murder.
It’s my understanding that 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.
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, such as: Arson, Burglary, Kidnapping, Rape and Robbery.
State laws categorizing murders into first, second and possibly third degrees generally require that first degree murders include three basic elements
Willfulness;
Deliberation; and
Premeditation.
Can they prove all this?
Some states also require "malice aforethought" as an element, though states differ as to how malice must be shown and whether this is a separate requirement from willful, deliberate and premeditated taking of human life. Most states also enumerate certain kinds of killings as first degree murders without need to prove intent, deliberation and premeditation.
Not all states divide murder into degrees. In some places, the top level murder crime is called by another name, such as "capital murder."
In terms of willfulness, first degree murderers must have the specific intent to end a human life.
Under many state laws, perpetrators of 1st degree murder must have acted with malice or "malice aforethought." Malice generally includes an evil disposition or purpose and an indifference to human life.
We can quote the laws and even case law to each other, but it's up to the jury to decide.