First Degree Murder Research Paper

Punishments of First Degree Murder

Saint Leo University

Almost every state divides murder into two different categories; first degree murder which is premeditated, deliberate, intent to kill murders and the second is felony murder which are unintentional deaths. First degree murder is the only crime in today’s law that the death penalty is awarded. Although the death penalty is a punishment given for first degree murder not every state has this punishment. To help guide judges and juries in making the decision whether the death penalty is the right punishment the U.S. Supreme Court has completely revised the procedures when making such a decision some of the things banned, required, and allowed are; mandatory death sentences are banned because states cannot require the death penalty in every single first degree murder case, unguided discretionary death penalty decisions are banned, judges and juries cannot impose the death penalty without a list of specific criteria for and against the death penalty to guide their decision, mitigating factors are required in that states cannot limit the range of mitigating factors that might favor life imprisonment instead of death, and additional aggravating factors are allowed because jurors
and/or judges are allowed to consider factors in favor of death nor specifically included in statutory lists of aggravating factors. In the case of Commonwealth v.
Drum, Justice Agnew of the Supreme Court of Pennsylvania stated, regarding the murder of a young adult, “A life has been taken. The unfortunate David Mohigan has fallen into an untimely grave, struck down by the hand of violence; and it is for you to determine whose was that hand, and what its guilt. The prisoner is in the morning of life; as yet so fresh and fair. As you sat and gazed into his youthful face, you have thought, no doubt, most anxiously thought, is his that hand? Can he, indeed be a murderer? This gentlemen, is the solemn question you must determine upon the law and the evidence.” (Samaha
2011) I am not sure if the death penalty is the only and ultimate answer to first degree murder as I am sure many would disagree. I do however, agree that punishments for first degree murder do end with the toughest punishments due to the nature of the crime that has been committed; a life has been taken deliberately. The punishments vary by state such as, Florida, all first degree murder convictions end with either the death penalty or life in prison without the possibility of parole, whereas California, uses a “two tiered sentencing structure: the first being a range of years (often up to life) in prison, and the second either life without the possibility of parole or the death penalty (in states that allow it). Which tier of sentence the court hands down typically depends on whether the prosecution can prove any of a host of aggravating factors.” (criminal.findlaw) I do see why we have the death penalty in some states, it goes with the saying “an eye for an eye”, but at the same time what is it really doing? Of course the victim’s family is going to want the convicted to suffer as did their loved one but what good is it to take a life for a life instead of just having them sentenced to life without the possibility of parole. Yes, you will feel the satisfaction that the person was punished for what they did but, think about this; waking up every day, sitting in prison for the rest of your life having to live with that guilt of the life you took every day for the rest of your days is a bigger punishment than, just having been put out of your suffering from the crime you committed by being executed?

REFERENCES
J. Samaha, Criminal Law, 2011, 10 p288-291
Retrieved from criminal.findlaw.com/criminal-charges/first-degree-murder