In our video we are talking about Homicides, all killings of humans which violate criminal laws including murder and manslaughter: - Killing committed in justified self-defense, is not criminal - There are several degrees which represent the gravity of the crime - Not all homicides are crimes Most states define First degree murder as an unlawful killing that is both willful and premeditated. It is the most serious criminal homicide. - A killing is said to be willful when it is intentional - A killing is premeditated when it was committed after planning or lying in wait - States which categorize murders into first, second and third degrees require three basic elements for a murder to be considered in the first degree: - Willfulness – There must be a specific intent to end human life - Deliberation - Intent Time plays an important role in determining whether a murder was committed in the first degree: Time enough to form a conscious intent to kill Time enough to act on this intent Time enough for a reasonable person to second guess (i.e. reconsider) the intent to kill If someone planned on killing one victim, but by accident kills someone else, the murder is still intentional and premeditated. Most states recognize the Felony Murder Rule. Under Felony Murder Rule, a person commits first-degree murder if any death (including accidental deaths) results from the commission of certain felonies including: - Arson - Burglary - Kidnapping - Rape - Robbery Malice Aforethought is the deliberate intent to cause death or great bodily harm to another person before a person commits a crime. - Generally includes an evil disposition or purpose - Also includes an indifference to human life - Many state laws require malice aforethought for a murder to be in the first degree First Degree Killing Type Exceptions State Laws sometimes classify as first degree murders the following where intent, deliberation and premeditation may not be required: - The killing of a child by the use of unreasonable force - Certain killings committed in a pattern of domestic abuse - The murder of a law enforcement officer - Murders committed in the commission of other crimes such as: a. Arson b. Rape c. Robbery d. Other violent crimes - Certain methods of killing such as: a. Intentional poisonings b. Murder from imprisonment c. Murder from torture d. Murder committed by ambush For more information on First Degree Murder watch our video part II! If you still have any questions concerning some your personal case, address an experienced Criminal Law attorney and find out how to get your criminal defense on the right track from the start! Come and visit our site at http://www.legalbistro.com. Let qualified lawyers compete to handle your case! Remember: when lawyers compete, You Win!
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