First Degree Murder Research Paper
Punishments of First Degree Murder
Saint Leo University
Almost every state divides murder into two different categories; first degree murder which is premeditated, deliberate, intent to kill murders and the second is felony murder which are unintentional deaths. First degree murder is the only crime in today’s law that the death penalty is awarded. Although the death penalty is a punishment given for first degree murder not every state has this punishment. To help guide judges and juries in making the decision whether the death penalty is the right punishment the U.S. Supreme Court has completely revised the procedures when making such a decision some of the things banned, required, and allowed are; mandatory death sentences are banned because states cannot require the death penalty in every single first degree murder case, unguided discretionary death penalty decisions are banned, judges and juries cannot impose the death penalty without a list of specific criteria for and against the death penalty to guide their decision, mitigating factors are required in that states cannot limit the range of mitigating factors that might favor life imprisonment instead of death, and additional aggravating factors are allowed because jurors …show more content…
Drum, Justice Agnew of the Supreme Court of Pennsylvania stated, regarding the murder of a young adult, “A life has been taken. The unfortunate David Mohigan has fallen into an untimely grave, struck down by the hand of violence; and it is for you to determine whose was that hand, and what its guilt. The prisoner is in the morning of life; as yet so fresh and fair. As you sat and gazed into his youthful face, you have thought, no doubt, most anxiously thought, is his that hand? Can he, indeed be a murderer? This gentlemen, is the solemn question you must determine upon the law and the evidence.” (Samaha
Saint Leo University
Almost every state divides murder into two different categories; first degree murder which is premeditated, deliberate, intent to kill murders and the second is felony murder which are unintentional deaths. First degree murder is the only crime in today’s law that the death penalty is awarded. Although the death penalty is a punishment given for first degree murder not every state has this punishment. To help guide judges and juries in making the decision whether the death penalty is the right punishment the U.S. Supreme Court has completely revised the procedures when making such a decision some of the things banned, required, and allowed are; mandatory death sentences are banned because states cannot require the death penalty in every single first degree murder case, unguided discretionary death penalty decisions are banned, judges and juries cannot impose the death penalty without a list of specific criteria for and against the death penalty to guide their decision, mitigating factors are required in that states cannot limit the range of mitigating factors that might favor life imprisonment instead of death, and additional aggravating factors are allowed because jurors …show more content…
Drum, Justice Agnew of the Supreme Court of Pennsylvania stated, regarding the murder of a young adult, “A life has been taken. The unfortunate David Mohigan has fallen into an untimely grave, struck down by the hand of violence; and it is for you to determine whose was that hand, and what its guilt. The prisoner is in the morning of life; as yet so fresh and fair. As you sat and gazed into his youthful face, you have thought, no doubt, most anxiously thought, is his that hand? Can he, indeed be a murderer? This gentlemen, is the solemn question you must determine upon the law and the evidence.” (Samaha