The Elements of First-Degree Murder

First-degree murder refers to a pre-meditated and willful killing that is not permitted by the law. A pre-meditated and willful killing of a person implies that the murder was planned and deliberately executed (Find Law). Brennan is not guilty of first-degree murder because he never intended to kill his wife since this was just an accident.


Characteristics of First Degree Murder


A murder must encompass several elements in order to qualify as a first-degree murder. To rule out with certainty whether Brennan committed the first-degree murder or not, the following elements should be considered:


Deliberation


When a murder is committed deliberately it becomes a first-degree murder. A deliberate murder means the person killing another person has made a precise decision to commit the crime (Find Law). Brennan, however, did not kill his wife deliberately and as such he never committed a first-degree murder as charged.


Premeditation


Another element that makes a murder a first-degree one is that which is premeditated. Actually, such a murder is executed by the defendant after first being thought about long before it is committed (Find Law). Again, Brennan did not premeditate about murdering his wife and therefore he is not guilty of first-degree murder.


Intent


The third element that qualifies a murder as a first-degree murder is the willfulness to kill. There must be proof that the actions of the defendant showed indifference to end the life of the victim. There must also be adequate time needed to have a conscious contemplation to end human life and then execute the act. Brennan had no specific intent to kill hence he did not commit a first-degree murder.


Conclusion


It is imperative to understand the degree of murder charges as it can greatly influence the type of punishment and how a defendant can defend himself before the jury. A first-degree murder, for instance, must generally be deliberate, premeditated, and willful. This is contrary to other degrees of murder such as second-degree murder that does not recognize the specifications considered in first-degree murder.


                                                                     Work Cited      


Find Law. First Degree Murder Overview.  Retrieved June 2, 2018, from https://criminal.findlaw.com/criminal-charges/first-degree-murder-overview.html

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