Louisiana Jury Instruction - First Degree Murder - Felony Murder
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FAQ
Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. This state of mind may, depending upon the jurisdiction, distinguish murder from other forms of unlawful homicide, such as manslaughter.
The Louisiana Criminal Code provides that a killing "when the offender is engaged in the perpetration or attempted per- petration" of certain dangerous felonies is murder even though he had no intent to kill.
First-degree murder is the most serious of all homicide offenses. It involves any intentional murder that is willful and premeditated with malice aforethought. Premeditation requires that the defendant planned the murder before it was committed or was ?lying in wait? for the victim.
A: Murder is the intentional killing of another person, while manslaughter is the unintentional killing of another. Murder carries the distinction of being planned prior to the crime being committed. Therefore, it is considered a more serious crime and carries a heavier penalty.
Those with first-degree murder face the death penalty or life imprisonment with hard labor as their only option for retribution.
Ing to this section, whoever commits murder is punished with the following punishments: Death; Life imprisonment; The guilty will also have to pay a fine.
First-degree murder - is any intentional murder that is wilful and premeditated with malice aforethought. Second-degree murder - is any intentional murder with malice aforethought but is not premeditated or planned in advance.