First Degree Murder

Discussion in 'Caylee Anthony 2 years old' started by Diamond, Jan 21, 2009.

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  1. Diamond

    Diamond New Member

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    I am unable to follow the case as closely as many of the members. However, I have noticed the charge being debated in various threads. So, I figured this thread might be helpful? If not, feel free to remove it.

    Anyhow, here are a couple helpful links and some information from the last one.

    http://www.not-guilty.net/practice-areas/murder.html
    http://www.jeffreyfeiler.com/murder.html

    To prove first degree premeditated murder the state must prove beyond a reasonable doubt that the victim is dead, that the death was caused by the criminal act of the defendant, and that there was a premeditated killing of the victim. For purposes of the jury instructions the court defined "killing with premeditation" as killing after consciously deciding to do so. The decision must be present in the mind at the time of the killing. While the law does not set a particular amount of time that must pass between the premeditated intent to kill and the killing but enough time must pass for reflection by the defendant. The question of whether or not premeditation existed at the time of the killing is a question of fact to be determined by a jury. The jury instructions further clarify that if during the premeditated attempted murder of one person the defendant actually kills another person that killing is also to be considered as premeditated.

    To prove the crime of first degree felony murder the state of Florida must prove (1) that the victim is dead; (2) that the death occurred as a consequence of and while the defendant was engaged in the commission of a crime, or that the death occurred as a consequence of and while the defendant was attempting to commit another crime, or that the death occurred as a consequence of and while the defendant or an accomplice as escaping from the immediate scene of another crime; and (3) that the defendant was the person who actually killed the victim or that the victim was killed by a person other than the defendant but both the defendant and the person who killed the victim were principals in the commission of another time. However, under this slightly different charge it is not necessary for the state of Florida to prove that the defendant had a premeditated design or intent to kill.
     
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