Discussion»Questions»Legal» Should any person who has been legally convicted of 1st-degree murder and sentenced to life in prison EVER be released from custody?
Should any person who has been legally convicted of 1st-degree murder and sentenced to life in prison EVER be released from custody?
*Exclude those cases where the conviction had been overturned, expunged, dismissed, etc., and those cases where the sentence has been overturned, reduced, commuted, etc.
"First-degree murder. Any intentional murder that is willful and premeditated with malice aforethought. Felony murder, a charge that may be filed against a defendant who is involved in a dangerous crime where a death results from the crime, is typically first-degree."
I'm not sure. Generally, I'd prefer such a dangerous person to be locked up for life just to protect everyone else in society. But I don't know enough about criminal psychology. For instance, what is the likelihood that the murderer might commit similar crimes in future? Can such a person be rehabilitated, and if so, don't they deserve the help that could show them how to reform? Or perhaps there's a half-way proposition - life in a contained environment where they can work and live relatively normally but under close supervision.
There is the story of Milarepa who was a mass murderer, who regretted his terrible crimes, turned to Buddhism and eventually became an enlightened teacher and poet. There's also the story of Saul who persecuted and murdered Christians, who later had an epiphany, converted to Christianity and became the apostle Saint Paul.
People who join AA and other twelve-step programs frequently succeed in reforming their lives.
I think we need to treat each person and situation according to the particulars.
What you looked up is the common law which some states still adhere to, but many have deviated from that law which we borrowed from England when the country was formed. Felony murder is a killing that occurs during the commission of a felony, not from the commission of the felony. During. If six people rob a bank and someone gets killed, all six stand to be convicted for murder regardless of who pulled the trigger. I felt compelled to explain this because 99% of non-attorneys do not understand it. When talking about criminal law it's important to know upon which state law the discussion is based.
Yes. In states that do not offer the death penalty, with or without is the only way to make the penalty different for the very worst of the worst in the first degree murder world. There are times that there are mitigating factors for a first degree murder case. Judges and juries have discretion to consider both enhancements as well as mitigating factors.
I'm talking about a sentence of life with or life without the possibility of parole. The states are all over the place on sentencing for first degree murder. My answer discusses this.
Not at all. A life sentence allows the possibility of parole. A Life without the possibility of parole sentence means there will never be a possibility of parole. That convicted defendant will die in prison.
inky 