Indiana Jury Instruction - First Degree Murder - Premeditated Murder - Transferred Intent
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Types of criminal homicide First-degree murder: An intentional killing, punishable by death or mandatory life in prison without parole. ... Second-degree murder: A killing committed during a felony, punishable for adults with mandatory life in prison without parole. ... Third-degree murder: All other kinds of murder.
However, if a person is to be convicted of first degree murder, all jurors must agree upon the degree of murder as first degree, People v. Milan (1973) 9 Cal. 3d 185, 195. Consequently, the conviction for first degree murder was reversed and the case remanded to the trial court for a new trial.
State laws categorizing murders into first, second and possibly third degrees generally require that first degree murders include three basic elements: willfulness, deliberation and premeditation.
Murder is punished by either 45 to 60 years in prison, life imprisonment without the possibility of parole, or the death penalty if at least one aggravating circumstance is proven, and that aggravating circumstance outweighs any mitigating circumstances potentially present.