Preview

Is There Evidence To First-Degree Murder?

Good Essays
Open Document
Open Document
713 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Is There Evidence To First-Degree Murder?
In the United States, murder is a crime punishable by the death penalty or life in prison. If the convicted murderer does not receive the death penalty, he or she could receive life without the chance of parole. Murder is a serious crime all over the world, especially in our country. The definition of murder is self explanatory, but there are lots of different types of murder that can all receive different punishments.
“Capital murder is murder for which the death penalty is authorized by law.” -Ramona French 2011. The court has to prove that the defendant has committed the murder, that the killing was premeditated and done intentionally, or that it was done with complete disregard for human life. If the court of law has enough evidence to
…show more content…
In terms of willfulness, first degree murderers must have the specific intent to end a human life. Perpetrators must have acted with malice or “malice aforethought” which includes a disposition or purpose and indifference to human life. Scott Peterson was charged with first-degree murder of his wife, Laci Peterson, and second-degree murder of his unborn son. His alibi was that he was away on a fishing trip when his wife disappeared, when just a few days later, her body and the remains of the fetus washed up upon the shores of the exact place that he claimed that he was fishing at. There was evidence that he had purchased two eighty pound bags of cement to use as anchors to sink the body. Investigators found one bag tied to Laci’s body, and the other in his garage. After forty-four hours in court and several changes of jurors and two changes of venue, the court convicted him of premeditated first-degree murder. The jury believed the prosecution proved its case that Scott Peterson premeditated the murder of his pregnant wife. Peterson was sentenced to life-imprisonment without the chance of …show more content…
Second-degree murder is sometimes described as a murder that happens in the “heat of the moment.” Heather Howell was convicted of second-degree murder in 2012, when her vehicle struck another, killing Jesse Garcia. Heather was chasing her boyfriend who was on a motorcycle, when she pulled out in front of Garcia, causing his vehicle to overturn and catch on fire. He was trapped beneath it and burned to death before help arrived. Heather was convicted of felony reckless driving and gross vehicular manslaughter while intoxicated. She was retried by another court and its grand jury, which charged her with second-degree murder as well. Heather Howell now faces 15 years to life imprisonment for second-degree

You May Also Find These Documents Helpful

  • Good Essays

    Capital punishment is the penalty of a capital offense resulting in death. Thirty-eight states currently support the death penalty. Human beings have always felt a need to punish those who did wrong and scare those who thought of doing wrong. Capital punishment has evolved over the years due to a never-ending search for a "humane" way to kill: from public hangings, gas chambers, electric chairs, shooting by firing squads, and finally the now leading form of execution- lethal injection (Gerber and Johnson 1-19).…

    • 1951 Words
    • 8 Pages
    Good Essays
  • Satisfactory Essays

    On April 18, 2003 after a long investigation, Scott Peterson was arrested after a single piece of hair found in a pair of pliers on Mr. Peterson's boat were identified as belonging to Laci Peterson. In his possession were four cell phones, approximately $15,000.00 in cash, multiple credit cards belonging to various family members, and a shovel. Mr. Peterson had dyed his hair blonde and grew facial hair to change his appearance. He was charged with first degree murder of his wife Laci and second degree murder of his child Conner.…

    • 442 Words
    • 2 Pages
    Satisfactory Essays
  • Best Essays

    Crimes of Scott Peterson

    • 2801 Words
    • 12 Pages

    Scott Lee Peterson was born October 24, 1972 in San Diego, California to Jacqueline Helen Latham and Lee Arthur Peterson. His family was big and athletic and he was raised on strict guidelines set by his father. As a kid, Scott loved to hunt and fish and played golf in high school. He attended the University of San Diego High School and graduated from California Polytechnic State University at San Luis Obispo (A.K.A. Cal Poly) with a B.A. in agricultural business in 1997. While attending Cal Poly, he worked as a waiter in a café, when he met his future wife, Laci Denise Rocha. Those who knew him described Scott as gentle and generous and very reserved when it came to expressing emotion. His father always told him to keep his feelings in check but every once in a while something would push him over the edge and he would snap. Scott Peterson would soon be under fire for the disappearance and murder of his wife Laci and unborn son Conner.…

    • 2801 Words
    • 12 Pages
    Best Essays
  • Satisfactory Essays

    First-Degree Murder Case

    • 330 Words
    • 2 Pages

    Klyne was one of seven people wounded that day in the high school. Janvier and teacher Adam Wood were killed.…

    • 330 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Second degree murder isn't as punishable as first degree murder. There was a case in Louisiana a few years back where a six year old boy was killed in a pursuit, by two police officers. The two men refused to give a reasoning to why they began the pursuit or why they opened fire. “The coroner said the boy was struck several times in the head and chest. An autopsy was performed on Wednesday, but a final report was not expected to be ready for eight weeks.” The two police officers, Norris Greenhouse Jr., and Lt. Derrick Stafford were indicted with second degree murder, and were put on administrative leave.…

    • 552 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Criminal Law Midterm

    • 601 Words
    • 3 Pages

    Because Doug did commit murder but did not premeditate, his charge will be second degree murder.…

    • 601 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Watson Murder Case

    • 1269 Words
    • 6 Pages

    “Watson murder” branches from the California Supreme Court Case People v. Watson. This case shaped the possibility that someone can be convicted of second-degree murder when killing someone in a crash while driving. The three essentials that the prosecution must prove to convict someone of Watson murder…

    • 1269 Words
    • 6 Pages
    Good Essays
  • Good Essays

    Johnny Cade Murder Essay

    • 421 Words
    • 2 Pages

    In conclusion, second degree murder is classified as killing another with malice, but without premonition or deliberate planning. In other words, it involves killing someone intentionally and spontaneously; the killer didn’t plan it out in the past. It is true that Johnny hadn’t planned the killing of Bob Sheldon. In contrast, we know that Bob wasn’t the one about to kill Pony. Therefore, I believe that the murder of Bob may have been intentional, given the past history between these two…

    • 421 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Until 1957, murder (the more serious of the two offences) was a capital offence – that is, a sentence of death automatically followed conviction. The Homicide Act 1957 drew a distinction between degrees of murder – capital and non-capital murder and provided that non-capital murder was to be punished with a life sentence. The distinction proved unsatisfactory and the death penalty was abolished by the Murder…

    • 6531 Words
    • 27 Pages
    Good Essays
  • Satisfactory Essays

    Capital punishment, or the death penalty, is the execution of a convicted criminal by the state as punishment for crimes known as capital crimes or capital offences. Capital punishment is a justified form of punishment for murderers and is enforced by most states. The death penalty is a fitting punishment for murder because executions maximize the public safety through a form of incapacitation and prevention. When a person kills another person, their common sense and mental reasoning is lost. As a result of this, the murderer is no longer capable of a mentally stable life not only to himself but also society as a whole. In contrast, moral issues question the accuracy and the benefits of the death penalty as well.…

    • 360 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Capital punishment is a punishment that results in death usually caused by capital crimes or capital offenses. It is commonly referred to as the death sentence. According to an article “Buzzle” not all countries accept capital punishment but there are still a lot of states who do (par.1). Capital punishment has been around for thousands of years, this punishment is said to have helped keep crime level down and alter the minds of future criminals to prevent them from committing atrocious crimes such as: murder, terrorism, and in some situations aggravated kidnapping.…

    • 365 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Sentencing Paper

    • 603 Words
    • 3 Pages

    Capital punishment is the death penalty. Capital punishment is the most extreme of all sentencing options (Schmalleger, 2011). Capital punishment is sentenced when someone comments a capital offense. In 2008, for example, a twenty eight year old man was sentenced to death in the atrocious murder of a ten year old girl in what authorities said was an elaborate plan to cannibalize the girls flesh (Schmalleger, 2011). Today, the federal government and 35 of the 50 states permit execution for first degree murder, kidnapping, aggravated rape, the murder of a police or corrections officer, or murder while under a life sentence (Schmalleger, 2011).…

    • 603 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Death penalty is the punish meant of execution, administered to someone legally convicted of a capital crime and there are twenty-two countries in the world that still impose the death penalty for capital crimes, the United states is one of them. If you are charged with capital homicide, and the jury of twelve of your peers proclaims, “We find the defendant guilty as charged”(Condenaststore). Then it is simple, you are going to forfeit your life, so abolishing the death penalty or there’s no coming back from the grave.…

    • 329 Words
    • 2 Pages
    Good Essays
  • Better Essays

    Capital Punishment is the killing of a convicted person who has committed a violent and heinous crime. Capital punishment, or the death penalty, is determined through a court of law and is not enforced in all states of the United States of America. It is not used in all murder cases, only those who have been convicted of committing atrocious killings (Hood). The death penalty is solely utilized for the cases in which the convict has committed a crime that has made him or her potentially a threat to society. Some of the crimes committed that receive the death penalty in the state of Texas include: multiple murders, planned murder, repeated crimes, and/or rape and murder. The death penalty has been used since the beginning…

    • 2065 Words
    • 9 Pages
    Better Essays
  • Better Essays

    The concept of capital punishment is that a convicted criminal is executed by the state, in modern times it is reserved for murderers but in the past capital offenses included rape arson and robbery. “You know rape’s a capital offense in Alabama,” said Atticus. “Yes sir, Jem said, but the jury didn’t have to give him death if they wanted to they could’ve gave him twenty years.” Some might justify capital crimes by saying rapists and arsonists ruin peoples lives but from 1812 to 1965 when crimes other than murder carried the death penalty…

    • 632 Words
    • 3 Pages
    Better Essays