Murder


There are several specific charges under the category of Murder. There is 1st Degree Premeditated Murder, 1st Degree Felony Murder, 2nd Degree Murder, and Manslaughter. Please note that there are many other crimes in which death results, however, these are the main charges under Homicide.

1st Degree Premeditated Murder

The elements of 1st Degree Premeditated Murder include:

  1. That the Defendant caused the death of the deceased, that is that the deceased died as a result of (insert the alleged act causing death, for example, gunshot, stabbing, strangulation).
  2. That the Defendant intended to kill the deceased.
  3. That this intent to kill was premeditated, that is thought out beforehand.
  4. That the killing was deliberate, which means that the Defendant considered the pros and cons of the killing and thought about and chose (his/her) actions before (he/she) did it. There must have been real and substantial reflection for long enough to give a reasonable person a chance to think twice about the intent to kill. The law does not say how much time is needed. It is for you to decide if enough time passed under the circumstances of the case. The killing cannot be the result of a sudden impulse without thought or reflection.
  5. That the killing was not justified, excused, or done under circumstances that reduce it to a lesser crime.

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