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Death Penalty This is a place for all Death Penalty related issues

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  #11 (permalink)  
Old 07-03-2008, 01:47 PM
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Default Re: some simple questions about DP

That would depend upon the state. If it is a Death Penalty state, it could be considered a Capital Crime.

Aggravated Robbery and Murder. The murder would be committed while in the commission of another crime (Aggravated Robbery.)
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Old 07-03-2008, 01:48 PM
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Default Re: some simple questions about DP

Andreas, you have already been given some very helpful information but just off the top of my head, my understanding of the difference between murder 1 and 2 falls on the ability for the prosecution to establish something very specific in the criminal law, malice aforethought (or malice prepense) is the element of mens rea (Latin for "guilty mind") which must accompany the act of homicide in order to secure a conviction for murder under the common law.

Basically if I have it in mind to kill you and I think this over and establish a way to go about it so that I don’t get caught and can fool the authorities that would seek to put me in prison for the rest of my days then we are talking murder in the first degree.

Murder 2 would essentially be when I become upset and kill without thinking things through at all which we know can happen. Say a crime committed in the heat of jealousy (discovering your wife in bed with another man) or during an argument in a bar when alcohol may be involved and people are not thinking straight. That would be more along the lines of murder 2 with some real life examples of how both can occur.
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Old 07-03-2008, 02:02 PM
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Default Re: some simple questions about DP

Asha, you are so kind, i never would think that you could intend to kill a teddybear like me. Please let me live. Just kidding. I believe i understood the differences, the measurements are nearly the same as here, but we donīt divide it in degrees or classes.
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Old 07-03-2008, 03:18 PM
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Default Re: some simple questions about DP

thanks for those explinations i never knew the difference in capital murder and murder one and murder two
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Old 07-03-2008, 04:45 PM
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Default Re: some simple questions about DP

No problem ! I'm
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Old 07-03-2008, 06:04 PM
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Default Re: some simple questions about DP

LOL Andreas. Even though I’m an American, I don’t think you need to worry about me. I've never killed anyone my entire life. Come pretty close a few times but no actual fatalities lol.
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Old 07-04-2008, 09:06 AM
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Default Re: some simple questions about DP

Quote:
Originally Posted by Andreas View Post
I will try to make a simple example: when one intends & goes into a bank to make a robbery, uses a weapon and would kill someone while that felony then it is a clear 1st degree murder punishable with DP ?

This will be under the federal jurisdictions if the robbery was held in a bank
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Old 07-04-2008, 02:07 PM
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Default Re: some simple questions about DP

It would be federal yes, but also punishable by the federal death penalty.


18 U.S.C. 2113 Bank-robbery-related murder or kidnapping.

Full List For Federal Death Penalty Type Crimes here:
Federal Laws Providing for the Death Penalty
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