Tennessee Jury Instruction - First Degree Murder - Felony Murder
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How to fill out Jury Instruction - First Degree Murder - Felony Murder?
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FAQ
Of the crimes in the murder spectrum, first degree murder charges are the most serious one. Second-degree murder is less serious than the crime in the first degree but more serious than homicide in the third degree.
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).
Second-degree murder in Tennessee is a Class A felony punishable by 15-60 years in prison and a fine not more than $50,000.
(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.
Ing to Tennessee state statue, second-degree murder is classified as "a knowing killing of another; or 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."
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.
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.
Even if a person isn't found to have committed first degree murder, the defendant may be found guilty of a lesser murder charge, including second degree murder (intentionally killing without thinking about it beforehand), voluntary manslaughter (murder under the influence of a sudden passion), or reckless or criminally ...