Second Degree Murder Case Study

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What is murder; the killing of a human being by a sane person, with intent, malice aforethought (prior intention to kill the particular victim or anyone who gets in the way) and with no legal excuse or authority. In those clear circumstances, this is first degree murder. By statute, many states consider a killing in which there is torture, movement of the person before the killing (kidnapping) or the death of a police officer or prison guard, or it was as an incident to another crime (as during a hold-up or rape), to be first degree murder, with or without premeditation and with malice presumed. Second degree murder is such a killing without premeditation, as in the heat of passion or in a sudden quarrel or fight. Malice in second degree murder may be implied from a death due to the reckless lack of concern for the life of others (such as firing a gun into a crowd or bashing someone with any deadly weapon). Depending, on the circumstances and state laws, murder in the first or second degree may be chargeable to a person who did not actually kill, but was involved in a crime with a partner who actually did the killing or someone died as the result of the crime. …show more content…

After piecing together, a complete skull from 52 bone fragments found in the cave, the authors of the new study concluded that the skull’s owner was a young adult who lived some 430,000 years ago. Scientists found two fractures of similar size and shape above the left eye, which they have concluded were the result of blunt-force trauma suffered near the time of death. To put it more bluntly, they believe they have stumbled upon evidence of the world’s first

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