Speaking of DV getting charged with murder without a body, can someone please explain American sentences please. Im from the UK and this baffles me.
What's capital murder?
Whats felony murder?
How can someone be charged with 5 counts of murder if they only killed 1 person?
The words used can vary in each state. For the most part, murder is a state offense and only enters the federal system if certain elements are met, such as a murder committed on federal property among other enumerated requisite elements.
My state lists homicides as First Degree Murder, Second Degree Murder, Manslaughter, Negligent Homicide, Vehicular Homicide and Feticide.
First degree is a capital offense, meaning the penalty could be death or life in prison without parole, probation or suspension of sentence. There are 10 circumstances which could lead to a charge of 1st degree and all require specific intent to kill. These include, but are not all set forth here: killing more than one person; killing a person under the age of 12 or over the age of 65; killing a person during an illegal drug transaction; killing a law enforcement officer; killing a judge or magistrate; killing a witness; killing during the perpetration of an aggravated offense such as kidnapping, rape, arson, burglary, robbery, terrorism, cruelty to a juvenile, drive-by shooting and hate crime.
Second degree also requires specific intent. It is punished by LWOPPS. It includes the aggravated offenses and murder committed during a drug transaction.
Manslaughter is a murder that would be a second degree offense but is committed in sudden passion or heat of blood caused by provocation sufficient to deprive a reasonable person of self-control and cool reflection. Punishment not more than 40 years, unless the victim is under 10, then the minimum is 10 years.
Negligent homicide is a homicide committed by criminal negligence. 2-5 years.
Vehicular homicide is when the death is caused by a driver under the influence of alcohol or drugs. 3-10 years.
If a person is charge with First degree, Second can be an included but lesser charge - they overlap in some circumstances and both require specific intent to kill.
Specific intent is not an element of manslaughter, negligent or vehicular homicide and therefore can not be lesser, included offenses.
Hope this makes sense.
