2011.02.21: HPD Press Conference, 3pm Feb 21, 2011

[LCoastMom]

I've been reading material to try to understand the difference between 1st & 2nd degree murder. From what I can gather the 1st is usually associated with multiple murders or torture. I gather 2nd is considered "Premeditated or with intent to kill for personal gain". And the penalties are effectively the same as 2nd can be 25yrs which is the standard for 1st. Is this the same in NC? Is the death sentence in NC only applicable to 1st degree? Does this mean that they have lowered EB's charge from 1st to 2nd because of her confessions? I thought that was dependent upon her not having anything to do with the murder (as opposed to the disposal which she admitted to). Or can they choose to alter the charge in court when information on the case is uncovered in detail? Many questions. I'd appreciate answers if anyone can assist.

Flakes this site gives a pretty good explanation of murder. In the US different states have different meaning on some charges - in New York 1st degree is reserved for LEO's death by homicide, but 2nd degree gives the same terms as what 1st degree brings in another state.

Some of it boils down to intent, but pretty much Murder is reserved for an intentional act. 1st degree with aforethought - 2nd degree is still concidered intentional but may not have the malice applied (again varies by state).

http://legal-dictionary.thefreedictionary.com/Wilful+murder

 

[Allusonz]

One interesting thing that came out of the Levi show was that the GJ in that state determines the charge not the DA. Not sure if this is accurate or not maybe someone familiar with the legal ramifications in NC can jump in on this