vls12345
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In some states, it's done this way so that the jury can return a verdict of guilty, regardless of whether it was pre-meditated or intentional, or instead, was in an act of passion or whatever their law says about second degree.
That way, instead of having a hung jury and a mistrial, they get a conviction on something.
IMO.
Here's what I found for Pennsylvania:
§ 2502. Murder.
(a) Murder of the first degree.--A criminal homicide constitutes murder of the first degree when it is committed by an intentional killing.
(b) Murder of the second degree.--A criminal homicide constitutes murder of the second degree when it is committed while defendant was engaged as a principal or an accomplice in the perpetration of a felony.
(c) Murder of the third degree.--All other kinds of murder shall be murder of the third degree. Murder of the third degree is a felony of the first degree.