first degree murder


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first degree murder

n. although it varies from state to state, it is generally a killing which is deliberate and premeditated (planned, after lying in wait, by poison or as part of a scheme), in conjunction with felonies such as rape, burglary, arson, involving multiple deaths, the killing of certain types of people (such as a child, a police officer, a prison guard, a fellow prisoner), or with certain weapons, particularly a gun. The specific criteria for first degree murder are established by statute in each state and by the United States Code in federal prosecutions. It is distinguished from second degree murder in which premeditation is usually absent, and from manslaughter which lacks premeditation and suggests that at most there was intent to harm rather than to kill. (See: murder, second degree murder, manslaughter, felony murder doctrine)

References in periodicals archive ?
Martin's attorney, Jill Evans, said the question before the Supreme Court is whether "the prosecution (was) barred by double jeopardy from retrying Appellant for first degree murder after a conviction of second degree murder in a prior trial?"
Battle, a co-conspirator, is charged with one felony count of first degree murder and three felony counts of attempted first degree murder.
"Today, a 48-year old Fredericton man was charged with four counts of first degree murder in this incident.
Judd said the teen has rightly been charged with a capital offense, first degree murder, which in the state can mean death penalty.
Magoon and Jordan were convicted of first degree murder of Jordan's six-year old daughter, Meika.
The instruction is designed for first degree murders committed after May 24, 1994, when the legislature omitted the possibility of parole for anyone convicted of First Degree Murder.
The baby's grandmother, Angela Small, initially was also charged with first degree murder for not trying to save the baby.
US prosecutors will need a smoking gun to convict an Irish nanny of first degree murder, it was claimed last night.
First degree murder charges were dropped against a Brantford man after a judge ruled lack of evidence.
(720 ILCS 5/9-1) An offender can face life imprisonment if they are 18 years of age and are found guilty of the first degree murder of a physician, psychologist, nurse, advanced practice nurse, or physician assistant.
It was later found Mrs Parnell had advanced heart disease - but Whitfield still faces first degree murder.
The jury of six men and six women at the Middlesex County Superior Court in Woburn, Massachusetts, will have to decide whether Entwistle is guilty of first degree murder if he acted with deliberate premeditation and malice; guilty of second degree murder if he intended to cause death or grievous bodily harm; or not guilty.