“Capital murder is murder for which the death penalty is authorized by law.” -Ramona French 2011. The court has to prove that the defendant has committed the murder, that the killing was premeditated and done intentionally, or that it was done with complete disregard for human life. If the court of law has enough evidence to …show more content…
In terms of willfulness, first degree murderers must have the specific intent to end a human life. Perpetrators must have acted with malice or “malice aforethought” which includes a disposition or purpose and indifference to human life. Scott Peterson was charged with first-degree murder of his wife, Laci Peterson, and second-degree murder of his unborn son. His alibi was that he was away on a fishing trip when his wife disappeared, when just a few days later, her body and the remains of the fetus washed up upon the shores of the exact place that he claimed that he was fishing at. There was evidence that he had purchased two eighty pound bags of cement to use as anchors to sink the body. Investigators found one bag tied to Laci’s body, and the other in his garage. After forty-four hours in court and several changes of jurors and two changes of venue, the court convicted him of premeditated first-degree murder. The jury believed the prosecution proved its case that Scott Peterson premeditated the murder of his pregnant wife. Peterson was sentenced to life-imprisonment without the chance of …show more content…
Second-degree murder is sometimes described as a murder that happens in the “heat of the moment.” Heather Howell was convicted of second-degree murder in 2012, when her vehicle struck another, killing Jesse Garcia. Heather was chasing her boyfriend who was on a motorcycle, when she pulled out in front of Garcia, causing his vehicle to overturn and catch on fire. He was trapped beneath it and burned to death before help arrived. Heather was convicted of felony reckless driving and gross vehicular manslaughter while intoxicated. She was retried by another court and its grand jury, which charged her with second-degree murder as well. Heather Howell now faces 15 years to life imprisonment for second-degree