First Degree Murder

ABSTRACT

Murder is a crime which has been on a rise in the recent years.

There are many purpose to know why this is increasing and what are its risk factors. The basic risk factors includes the relationship between the victim and the perpetrator, use of weapon by the perpetrator and any history of mental illness of the perpetrator.

In my project I have included the literature review why some murder mysteries are being unsolved even after so many years. I have included many case studies in which the crime remains unsolved to this date.

While doing the project I also came to know some other risk factors which basically denoted to male perpetrators: substance abuse & depression.

INTRODUCTION

WHAT IS MURDER?

The killing of any

The most common division of them is the first and second degree murder. Generally it is considered that second degree murder is common law murder whereas the first degree murder is considered as an aggravated form. The main factors of a first degree murder are a specific intent to kill, premeditation and deliberation. In addition to murder committed by different acts such as strangulation ,poisoning are also being considered as first degree murder.

Conditions of victims:-

All the jurisdictions considers a victim to be a natural person, any of the human being who was still alive being before murdered by the perpetrator. In other words, under the jurisdiction or under the law one cannot murder any corpse, a corporation, a non-human animal or any other non-human organism such as a plant or bacterium.

MITIGATING CIRCUMSTANCES:-

In some nations “affect of the balance of the mind” is being regarded as mitigating circumstances. This means that a person may be considered as a guilty one of “manslaughter on the basis of diminished responsibility. Some of the conditions which can help the perpetrator in determining that they were suffering from during the commission of the

• That the defendant’s mental condition, at the time of killing rendered the perpetrator to decide any right or wrong and what he/she was doing was wrong.

UNINTENTIONAL MURDER:-

In many countries for a killing to get considered as murder, there must be some element of intent. But in this condition also a defendant may argue that he/she took precautions not to kill, that at that time death was unavoidable .As a general rule it is considered that manslaughter constitutes reckless killing of any being but manslaughter also includes criminally negligent homicide.

AGGRAVATING CIRCUMSTANCES:-

It is taken into consideration that murder that occurs with different aggravating circumstances is being punished more harshly. Depending on different jurisdictions the different aggravating circumstances are;-

• Premeditation

• Poisoning

• Murder of a police officer, judge or witness to a crime

• Murder of a pregnant lady

• Crime that is being committed for any pay or any kind of reward

• Murder done with exceptional brutality or