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Politics : Formerly About Advanced Micro Devices -- Ignore unavailable to you. Want to Upgrade?

To: THE WATSONYOUTH who wrote (626646)	9/1/2011 8:36:08 PM
From: Tenchusatsu	Read Replies (1) \| Respond to of 1587785

TWY, > In my opinion, an unfortunate precedent was set here as what I believed to be an obvious honor killing only received a second degree murder conviction. In the comments section, there seems to be a short but interesting thread on this topic: > I'm not a law expert. Can someone explain to me why this is second degree murder instead of first degree? This man deserves life without parole. >> The prosecution didn't have enough to prove premeditation. >> Good question, I was thinking that myself. >> First degree would be if he had made advanced plans to kill her. Second degree implies it was a crime of opportunity, i.e. he was following her around and at the last moment, decided to mow her down. >>> Premeditation does not mean that the murderer had been plotting for any length of time. For instance if you get in an argument and go out to your car and get a gun, that is premeditation. >> For first degree, they needed to prove that he intended to kill her. It is difficult to prove the person's intent. For example - if he said that he was just trying to scare her or mildly injure her, then the intent requirement is not satisfied. For second degree, all they needed to prove was that he knew his actions would cause either death or serious injury. It would be hard for him to show that he didn't know that running over someone would cause serious injury, even death. But because second degree does not require proof that he intended to kill her, they do not need to prove his intent. >> 34 years is pretty much the same as life though. 2nd degree was probably easier to make the case Tenchusatsu