Quote:
Originally Posted by Peanut
If he woke up that morning and said "I'm going to kill a gas clerk" then it would have been premeditated and the charge would have been first degree murder. But second degree has something to do with "reckless", which this clearly was. And he said "if she goes in front, I'm gonna go". And once she got on the hood... what did he think was going to happen? You can't run people over with an F-350 and have a reasonable expectation that you're not going to greviously injure or kill them.
He's just a huge POS that didn't value this woman's life whatsoever and killed her over $113 of gas and a stolen truck. It's terrible to know he'll be back in the streets in pretty short order.  |
I'm sure I may be corrected but legally pre meditation may be almost instant, it doesn't require extensive planning or the like, 2nd degree murder generally means you do something that the outcome can only reasonably be expected to kill even if you don't neccersarily plan on killing some one, ie shooting them with their own gun after a fight or stabbing someone multiple times.
Manslaughter is usually applied where the violent action led to a death but could reasonably be considered not only not intentional but also the action itself wouldn't reasonably be expected to kill, say punching someone who then cracks their head on a rock.
The problem with 1st and 2nd degree murder tends to lie in trying to prove intent, its rare that a killing cant be interpreted as either outside of gang hits and serial killers.