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Originally Posted by uniqueusername Murder is killing someone with premeditated malice. |
Incorrect, sir... Murder is not always premeditated. 1st Degree murder is, but there's also 2nd & 3rd which are not premeditated at all. The correct definition:
the crime of unlawfully killing a person especially with malice aforethought
To verify, here are the legal definitions for 2nd & 3rd Degree murder:
2nd Degree:
non-premeditated killing, resulting from an assault in which death of the victim was a distinct possibility. Second degree murder is different from First Degree Murder which is a premeditated, intentional killing, or results from a vicious crime such as arson, rape, or armed robbery. Exact distinctions on degree vary by state. (
second degree murder legal definition of second degree murder. second degree murder synonyms by the Free Online Law Dictionary. )
3rd Degree: a murder committed in the perpetration of a felony not listed in the first-degree murder statute (
Glossary of Legal Terms - Term Definition )
As you can see, a much more complex issue than just "murder is murder". And since one person can only be tried for a crime under the Double Jeopardy laws, one has to get it right the first time or else risk watching a person go free.
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Neither self-defense nor military action fall under that. Killing someone because they are gay DOES, as does killing someone because you want their pound cake
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But Self Defense & Military kills, based on various information that differs on a case by case basis CAN bring the offender up on murder two or murder three charges. Here's two cases where the Defendant was found guilty of 2nd Degree Murder even with their argument of Self Defense:
In Session:: Sidebar Blog Archive - BREAKING NEWS: Ferrer guilty of second-degree murder - Blogs from CNN.com Domestic-violence foe guilty of second-degree murder
And here's one for the Military books:
Remembering Barry Winchell Unfinished Lives
This isn't even going into Manslaughter charges, which would even further complicate the issue.
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There doesn't need to be a hate crime law to make the punishment in the former case more severe.
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And why shouldn't there be one? Just because you think sexual orientation is not a serious stipulation doesn't mean that it shouldn't be defined in Hate Crime Legislature. The definition of the term is a crime based on a perpetrator targeting a victim because of his or her membership in a certain social group. Are you suggesting that we don't consider gays & lesbians to be a social demographic in this country?
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Besides, what can be more severe than life in prison?
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Give me a few moments, I can get VERY creative...
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It seems to me hate crime legislation supporters are arguing that the death penalty should be given to those who murder out of politically incorrect hate. I agree, but I don't think, say, an armed robbery that results in death is any less serious.
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That's why there are certain degrees of the murder charge, each with its own punishment. Not all murder crimes end with life sentences. For instance, the standard sentence for Murder Two puts an offender in prison for a set period of time, with eligibility for parole after 10-25 years. First Degree Murder puts this offender away with an eligibility for parole after 25 years. If anything, First Degree Murder can put someone out for as low as 25 years. Second Degree can be as short as 10. In most instances, an armed robbery that results in death could result in a Second Degree Murder charge. The killing wasn't premeditated, however, it was direct result of the crime. Now, there's two charges the offender could be brought up on. Each with their own punishments.
As you can see, it's not as easy as saying "Murder is Murder".