Tennessee Jury Instruction - First Degree Murder - Premeditated Murder - Transferred Intent
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FAQ
In most cases, a murder charge will be brought for an intentional, premeditated killing. The term ?premeditated? simply means that the defendant must have formed a definite intent to kill based on reflection and judgment before the act. There is no amount of reflection required.
(c) (1) Except as provided in subdivision (c)(2), a person convicted of first degree murder under subdivisions (a)(1)-(5) shall be punished by: (A) Death; (B) Imprisonment for life without possibility of parole; or (C) Imprisonment for life.
If the jury is divided over imposing a sentence of death, the judge shall instruct the jury that in further deliberations, the jury shall only consider the sentences of imprisonment for life without possibility of parole and imprisonment for life.
Criminal Offenses § 39-13-201. Criminal homicide is the unlawful killing of another person, which may be first degree murder, second degree murder, voluntary manslaughter, criminally negligent homicide or vehicular homicide.
Section 39-13-202 - First degree murder (a) First degree murder is: (1) A premeditated and intentional killing of another; (2) A killing of another committed in the perpetration of or attempt to perpetrate any first degree murder, arson, robbery, burglary, theft, kidnapping, aggravated abuse of an elderly or vulnerable ...
Second degree murder is: A knowing killing of another; A killing of another that results from the unlawful distribution of any Schedule I or Schedule II drug, when the drug is the proximate cause of the death of the user; or.
Tennessee Code § 39-13-202 defines first-degree murder, and there are three situations in which a person can be convicted: The intentional, premeditated killing of another person. A killing of another person that is committed in the attempt or perpetration of a felony, such as rape, robbery, arson, etc.
First-degree murder requires that a person (called the defendant) plan and intentionally carry out the killing. In contrast, second-degree murder requires that the killing either be intentional or reckless and occur in the spur of the moment.