The Meaning of First Degree Murder

The Meaning of First Degree Murder 

Written by R. A. Stewart

The United States has various degrees of murder depending on it’s severity and circumstances. 

The most common definition of first degree murder is the deliberate and intentional killing of another

person. First degree murder is the most serious type of murder and usually results in the harshest

punishment of life without the possibility of parole and in some cases the death penalty.

What are the factors which result in a charge of first degree murder?

If the death of another person was:

1. Premeditated

2. Deliberate

3. Willfullness

4. Felony murder

Each state has its own definition of first degree murder and this could vary by jurisdiction.

The definition of premeditation is that the defendant had intended to kill the victim using careful and

thoughtful deliberation. This kind of thinking requires time to reflect, deliberate, and weigh up their

decision to kill.

Prior planning and deliberation often go hand in hand. Courts will usually look for evidence that the

defendant carefully planned the murder with the intent to kill. 

Other factors include whether there was any provocation from the victim, the actions and words of the

defendant before and after the death and whether there was any history between the victim and the

defendant prior to the killing.

Felony murder is the other situation where someone can be charged with first degree murder. This is

where a death occurs as a result of a felony such as robbery. An example of this is that when a death

occurs as a result of a robbery then all participants in the robbery are equally guilty of murder, 

irrespective of their role in the killing. Even if they did not even intend for the death to occur. They don’t

even have to be at the crime scene to be charged with felony murder. 

My view of felony murder is that it is similar to charging the passengers of a vehicle for the same traffic

violation committed by the driver. 

Here is an example of the felony law at work in Florida.

In 2010, Florida woman, Jennifer Mee, then aged 19, contacted a young man on Facebook and he agreed

to go on a date with her, but Jennifer’s motive was robbery, not romance. With the assistance of two male

colleagues, they attempted to mug him at a location where Jennifer’s date agreed to meet her. It was during the process of being mugged that the victim was fatally shot by one of the males.

Jennifer’s reaction after the event indicates that there was no intent to kill her supposed date. 

Under Florida law, all participants in a fatal robbery are equally guilty of first degree murder

irrespective of their role in the fatality.

The trio received life without parole sentences.

The sentence handed down to Jennifer far outweighs the circumstances of this case; namely the lack

of intent. 

Many people believe the same as I do, that judges need to be given the power to exercise their discretion

to take into account the circumstances of each individual case rather than have a law which is set in

concrete. People have the ability to think but a law does not.

What do you think? Drop me a comment below and share your views.

Check out my other articles on www.freejennifer.blogspot.com