District of Columbia Jury Instruction - Second Degree Murder
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How to fill out Jury Instruction - Second Degree Murder?
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FAQ
The maximum sentence for second-degree murder is 40 years in prison, and the recommended sentencing guidelines suggest 121?2 years for a first-time offender. There is no mandatory minimum, so hypothetically someone could serve no prison time for second-degree murder.
Second-degree murder is typically murder with malicious intent but not premeditated. The mens rea of the defendant is intent to kill, intent to inflict serious bodily harm, or act with an abandoned heart (e.g., reckless conduct lacking concern for human life or having a high risk of death).
Under the felony-murder rule, the accused is liable for murder if the killing is connected in any way with the attempt to commit a felony or the flight from the scene of a felony. It does not matter whether the accused or an accomplice causes the death.
(c) Whoever is guilty of murder in the second degree shall be sentenced to a period of incarceration of not more than life, except that the court may impose a prison sentence in excess of 40 years only in ance with § 24-403.01(b-2).