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Topic: First degree murder

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	Massachusetts Murder Defense - Murder- Second Degree
		For second degree felony murder, the same conditions as for first degree felony murder apply, with the exception that the underlying felony for second degree felony murder is punishable by less than death or a life sentence.
		As in the case of first degree murder, to convict of second degree felony murder, the law requires that the underlying felony be one which is inherently dangerous or committed in a manner which demonstrates the defendant's conscious disregard for the risk to human life.
		It should also be noted that, unlike first degree murder, a defendant in a second degree murder case may waive the right to a jury and submit to a trial in which a judge determines guilt or innocence, otherwise known as a bench trial.
	www.massmurderdefense.com /pages/murder-2nd.html (332 words)

	Aggressive Criminal Defense -- Specific Charges: Homicide, Murder, Manslaughter, Felony Murder
		First degree murder is the most serious criminal charge in Michigan law, and is punishable by mandatory life in prison, without possibility of parole.
		Second degree murder is a lesser charge, however it still caries a potential severe punishment.
		In a second degree murder charge, the prosecution is not charged with the obligation to prove that the person thought out the killing beforehand.
	www.aggressivecriminaldefense.com /homicide.html (1062 words)

	Stabbing ruled first-degree murder
		Williams was found guilty of first-degree murder in the death of his wife, Frances.
		Middleman said the death penalty is for "evil and vile people who have never contributed an ounce of good to anyone." Connie Williams is not an "evil and vile person," she said.
		Williams testified Tuesday that the murder occurred because he was angry with his wife after finding marijuana in her purse and after she threatened to divorce him if he did not force his three children to leave home.
	www.post-gazette.com /regionstate/20020124williams6.asp (567 words)

	Murder - MSN Encarta
		Murder is distinguished from manslaughter, which means unintentional killing.
		In general, murder in the first degree involves a deliberate, premeditated design to cause the death of the person; murder in the second degree involves the intent to cause death, but without premeditation and deliberation.
		Prosecution for murder is by indictment, and the maximum punishment in some states is death.
	encarta.msn.com /encyclopedia_761558964/Murder.html (186 words)

	[No title]
		Arizona's first degree murder statute permits the offense to be established through proof that the defendant caused death in one of several ways, including either with premeditation or in the course of a robbery.
		Arizona's first degree murder statute embodies a legislative judgment that a murder committed with the purpose of causing death and a murder committed while carrying out the intent to rob are legally and morally equivalent.
		In Borum, the Court sustained the capital conviction of three co-defendants for first degree murder under a count in an indictment that "alleged that the weapon was held by one of the defendants but his name was to the grand jurors unknown." Ibid.
	www.usdoj.gov /osg/briefs/1990/sg900551.txt (4082 words)

	Boulder County Bar Association - Bar Media Manual
		A person commits first degree murder if the person, "with an attitude of universal malice manifesting extreme indifference to human life generally" knowingly engages in conduct that creates a grave risk of death to another and causes the death of another.
		Finally, a person commits first degree murder if the person knowingly causes the death of a child under the age of twelve and the person is in a position of trust with respect to that child.
		Second degree murder is committed when a person knowingly causes the death of another person and is codified at C.R.S. A person acts 'knowingly' with respect to conduct when he is aware that his conduct is of such nature.
	www.boulder-bar.org /bar_media/offenses/6.3.html (774 words)

	WHAT'S WRONG WITH THE FELONY MURDER RULE
		Second-degree murder is one in which the defendant, as a "reasonably prudent person," knows that the circumstances may cause the death of another person.
		Murder and manslaughter are included among homicides, but not all homicides are a crime, particularly when there is a lack of criminal intent.
		The felony murder rule does not take into consideration the defendant's motivation during the crime, thus relieving the prosecution of its burden of proving intent to kill, which is a necessary element in all other murder cases.
	www.prisonsfoundation.org /letters/WHAT'S_WRONG_WITH_THE_FELONY_MURDER_RULE.html (977 words)

	German v. Superior Court (People)
		If the degree is not so determined, the punishment for conspiracy to commit the felony shall be that prescribed for the lesser degree, except in the case of conspiracy to commit murder, in which case the punishment shall be that prescribed for murder in the first degree."
		Petitioner may not be retried for conspiracy to commit murder, and subject to the penalty of murder in the first degree, without violating double jeopardy protections.
		It was further instructed that first degree murder requires premeditation and deliberation, and was told to affix the degree of murder, the object of the conspiracy, at first degree if it found premeditation and deliberation present, and at second degree if it found such elements lacking.
	www.law.com /regionals/ca/opinions/jul/b148154.shtml (1767 words)

	Homicide and It's Defense
		Murder in the first degree is killing someone with premeditation and intent or during the commission of a violent felony.
		Murder in the second degree is often also referred to as manslaughter.
		Murder in the third degree is killing someone without premeditation and intent through inherently dangerous acts without regard for human life.
	www.nvo.com /beaulier/minnesotamurder1homicideoffenses (1808 words)

	MD Maryland Murder Defense Lawyer\|Manslaughter Attorney\|MD Maryland Homicide
		(a) A murder that is not in the first degree under § 2-201 of this subtitle is in the second degree.
		A person who attempts to commit murder in the first degree is guilty of a felony and on conviction is subject to imprisonment not exceeding life.
		A person who attempts to commit murder in the second degree is guilty of a felony and on conviction is subject to imprisonment not exceeding 30 years.
	www.srislawyer.com /PracticeAreas/MARYLAND-HOMICIDE-DEFENSE-MURDER-MANSLAUGHTER-CASES-FIRST-SECOND-DEGREE-MD-ATTORNEY-LAWYERS-LAWS.asp (1807 words)

	Murder: First Degree - Findlaw for the Public -
		Murder: First Degree - Findlaw for the Public -
		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.
		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.
	criminal.findlaw.com /crimes/a-z/murder_first_degree.html (259 words)

	DUI & Murder
		In the most extreme cases, it may even be charged as murder in the first degree.
		It is stated that malice for the purpose of DUI murder are acts by the defendant that represents conscious disregard for human life, that the defendant knew his conduct was dangerous to others and had blatant disregard for any damage he/she caused.
		In most DUI murder convictions, malice is inferred from the defendant’s handling a weapon that may cause death.
	www.dui1.com /Dui_Lawyers_Driving8.htm (177 words)

	Homicide, Murder - Los Angeles Criminal Defense Attorneys, Manslaughter, First Degree Murder, Felony
		You may be facing charges that range from Homicide, 1st degree murder, 2nd degree murder, Voluntary Manslaughter, Involuntary Manslaughter, to Vehicular Manslaughter.
		This provision shall not be construed to prevent prosecution of a defendant for the crime of murder.
		(a) Every person guilty of murder in the first degree shall be punished by death, imprisonment in the state prison for life without the possibility of parole, or imprisonment in the state prison for a term of 25 years to life.
	www.los-angeles-criminal-defense-lawyers.com /homicide.html (824 words)

	Legal Definition of First Degree Murder
		MURDER, FIRST DEGREE - In order for someone to be found guilty of first degree murder the government must prove that the person killed another person; the person killed the other person with malice aforethought; and the killing was premeditated.
		It must be long enough, after forming the intent to kill, for the killer to have been fully conscious of the intent and to have considered the killing.
		First-degree murder in California includes a killing that is "willful, deliberate, and premeditated," or that is committed in the perpetration, or attempt to perpetrate, certain felonies, including burglary, and not including the petty offense of shoplifting.
	www.lectlaw.com /def2/m053.htm (182 words)

	Criminal Pattern Jury Instructions
		02 First Degree Murder of Child (Premeditated before July 1, '95)
		03(a) First Degree Murder in Perpetration of Felony (before 1995)
		03(b) First Degree Murder in Perpetration of Felony (after 1995)
	tncrimlaw.com /TPI_Crim (653 words)

	Urban Dictionary: first degree murder
		first degree murder isn't defined yet, but these are pretty close:
		C 187 refers to the California Penal Code section for Murder in the first degree.
		tags murder involuntary manslaughter voluntary manslaughter first degree murder second degree murder
	www.urbandictionary.com /define.php?term=first+degree+murder (321 words)

	The 4 Types of Murder
		To meet the requirements of first-degree murder, a minimum amount of time must elapse from the idea to the actual murder, so that the defendant knows that he/she will kill the victim.
		Rather, it is probably second-degree murder, which is intent to kill murder without premeditation and deliberation.
		Murder with a “depraved heart,” also known as “malignant heart murder,” is another form of unintentional killing where, again, the defendant is not being punished for intent to kill, but rather for extremely indifferent or wanton conduct.
	www.hashemilaw.com /4murder.htm (408 words)

	Murder
		The unlawful killing of a human being with deliberate intent to kill: (1) murder in the first degree is characterized by premeditation; (2) murder in the second degree is characterized by a sudden and instantaneous intent to kill or to cause injury without caring whether the injury kills or not.
		This BJS Special Report, a survey of murder cases disposed in 1988 in the courts of large urban counties, found that 16% of murder victims were members of the defendant's family: 6.5% were killed by their spouses, 3.5% by their parents, 1.9% by their own children, 1.5% by their siblings, and 2.6% by other relatives.
		The first definition of first degree murder is causing the death of another person with either the intent or knowledge that the conduct will cause death and with premeditation.
	www.crimeshots.com /Murder.html (3823 words)

	North Carolina Appellate Court Cases - Opinions of Court Case Law from NC - North Carolina Court - unoffical reports - ...
		First-degree murder convictions which arose from driving while impaired were reversed where the defendant was found guilty under the felony murder rule, based upon injuries to others in the victims' car and resulting assault convictions.
		Conspicuously absent is a first-degree murder case premised on implied intent as evidenced by a defendant's culpable or criminal negligence.
		Under the felony murder rule as espoused by the State in the instant case, both the mother and contractor could be tried capitally for their respective offenses -- an extreme result to be sure and, not insignificantly, one without precedent in our state's jurisprudence.
	www.romingerlegal.com /northcarolina/HTML/347-99-1.htm (5380 words)

	murder - Information from Reference.com
		Murder is subject to the special defences of provocation, suicide pact, and diminished responsibility.
		A murder that is incidental to a misdemeanor, however, is treated as manslaughter.
		Murder in the first degree generally is a calculated act of slaying committed with malice aforethought, often requiring aggravated circumstances such as extreme brutality.
	www.reference.com /browse/all/murder (820 words)

	9th Circuit Opinion (Site not responding. Last check: )
		eration that are the hallmarks of first-degree murder.
		degree murder is characterized by the absence of premedita-
		degree murder was not a crime in California in 1940.
	www.ce9.uscourts.gov /web/newopinions.nsf/b4adbde47e31043088256927007a37bd/116672e5696a06d788256927007aef80?OpenDocument (4207 words)

	Homicide, Murder - California Criminal Defense Attorneys, Manslaughter, First Degree Murder, Felony
		This provision shall not be construed to prevent prosecution of a defendant for the crime of murder.
		This section shall not be construed as making any homicide in the driving of a vehicle punishable which is not a proximate result of the commission of an unlawful act, not amounting to felony, or of the commission of a lawful act which might produce death, in an unlawful manner.
		(a) Every person guilty of murder in the first degree shall be punished by death, imprisonment in the state prison for life without the possibility of parole, or imprisonment in the state prison for a term of 25 years to life.
	www.california-criminal-defense-lawyers.net /homicide.html (820 words)

	murder - Definitions from Dictionary.com
		The original murderer's row was in New York City's Tombs prison; figurative use in baseball dates to 1858, though the quintessential one was the 1927 New York Yankees.
		Felony murder does not require specific intent to kill, and an accessory to the felony may also be charged with the murder.
		: a murder that is not first- or second-degree murder: as a : a murder committed in the perpetration of a felony not listed in the first-degree murder statute b :
	dictionary.reference.com /browse/murder (965 words)

	MARTINEZ / Polk case turned over to jury / Jurors' options range from acquittal to first-degree murder
		Jurors in the Susan Polk murder trial began deliberating Tuesday after the defendant and the prosecutor wrapped up their final arguments, capping an often-bizarre and always-entertaining trial that has drawn national attention.
		He reiterated his argument for convicting Polk of first-degree murder, disputed the testimony of defense witnesses and rejected her claims that investigators tampered with evidence.
		And for the first time, Sequeira asserted the Susan Polk brought to the pool house the knife believed to have killed Felix Polk.
	www.sfgate.com /cgi-bin/article.cgi?file=/c/a/2006/06/14/POLK.TMP&type=printable (862 words)

	Illinois murder defense lawyers – Illinois Criminal Law
		(1) the murdered individual was a peace officer or fireman killed in the course of performing his official duties, to prevent the performance of his official duties, or in retaliation for performing his official duties, and the defendant knew or should have known that the murdered individual was a peace officer or fireman; or
		(17) the murdered individual was a disabled person and the defendant knew or should have known that the murdered individual was disabled.
		(20) the murdered individual was known by the defendant to be a teacher or other person employed in any school and the teacher or other employee is upon the grounds of a school or grounds adjacent to a school, or is in any part of a building used for school purposes.
	www.findgreatlawyers.com /Areas/Criminal/7FirstDegMurder.htm (2655 words)

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