Doug's Case: Understanding the Applicability of First Degree Murder

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Added on 2019-09-30

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Doug was heavily drunk when he shot Tom dead with his pistol. He was arrested for carrying a concealed weapon and charged with murder. Analyzing the case, it is found that Doug violated different laws and murdered Tom with a first degree. He can be charged for first degree murder and can be awarded a death penalty or life imprisonment.

Doug's Case: Understanding the Applicability of First Degree Murder

Added on 2019-09-30

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Issue Doug was heavily drunk and shot Tom dead with his pistol when the latter furiously went to hisapartment because the former hurt his girlfriend’s leg by throwing out a bottle through hiswindow. He fled but stopped by the security personnel of a bus company because the pistol thathe was carrying was of the same caliber, which is believed to have been used in homicide. Hewas finally arrested and charged with murder. So, would he be convicted of first degree murderor any lesser offences? Rule The first degree murders generally demand harshest punishments with regards to any crime.However, sentencing can vary from state to state. As for the current case, it is important tounderstand which laws were violated by Doug. Because of the applicability of the punitivemeasures, we have to first find out whether the elements of first degree murder were present ornot. The first element that is conspicuous in first degree murders is intent, which refers to thewillfulness for ending a human life. Sometimes, an individual is forced due to certaincircumstances to kill another person, however, showing a depraved indifference towards humanlife could also qualify as a murder of the first degree. Secondly, deliberation and premeditationform the basis for the determination of punishment. It is looked that whether the perpetrator hadcontemplated at length and devised a plan for the murder. The point is these two elements shouldoccur well before the incident not at the time of the killing. Almost all the law books maintainthat the criminals of first degree murder must have possessed a feeling of malice. It is basicallyan evil disposition as well as a complete indifference to the human life. Under Section 1 of 565.020, a person is said to have committed a first degree murder if he or she deliberately andknowingly kills someone after a proper deliberation regarding the matter. This offense isconsidered as a Class A felony and it the perpetrator is 18 or more than 18 years of age, he couldbe awarded a death penalty or life imprisonment without any ground for probation or parole.Doug was arrested for carrying a concealed weapon while trying to travel through a bus.Concealment in such cases entails that usually the weapon is not viewed by anyone while theperson is walking through a street. This situation creates a necessary risk of intentional andaccidental shootings. However, carrying a weapon is not enough for any person to get punished,so the elements that are looked for in terms of establishing a guilt are - Age and abilityrequirements, residency, application, safety training and criminal background. The punishmentsthat are awarded for carrying a concealed weapon are fines, jail and probation.Finally, there is also an issue of intoxication. As per the facts, the defendant was heavilyintoxicated during the incident of crime. Under Modal Penal Code (MPC), any form ofintoxication can only constitute to defense to a crime, if it eliminates the primary elements ofcrime like intent. MPC recommends that for intoxication to be overlooked during a crime, thecriminal defendant should have to prove the capacity to appreciate the criminality of his conductand assert his conduct towards the necessity of the law.

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