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List of punishments for murder in the United States: Difference between revisions

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Murder, as defined in common law countries, is the unlawful killing of another human being with intent (or malice aforethought), and generally this state of mind distinguishes murder from other forms of unlawful homicide (such as manslaughter). As the loss of a human being inflicts enormous grief upon the individuals close to the victim, as well as the fact that the commission of a murder permanently deprives the victim of their existence, most societies both present and in antiquity have considered it a most serious crime worthy of the harshest of punishment. Typically a convicted murder suspect is given a life sentence or even the death penalty for such an act. The word murder is related, in old English, to the French word mordre (bite) in reference to the heavy compensation one must pay for causing an unjust death.[1] A person who commits murder is called a murderer ;[2] the term murderess, meaning a woman who murders, has largely fallen into disuse.[3]

Federal

Source:[4]

Offense Mandatory sentencing
Second degree murder Imprisonment for life or any term
Second degree murder by an inmate, even escaped, serving a life sentence Death penalty or life imprisonment
First degree murder Death penalty or life imprisonment

By states

California

Source:[5]

Offense Mandatory sentencing
Second degree murder 15 years to life
Second degree murder using a firearm from a motor vehicle 20 years to life
Second degree murder by an offender previously convicted of murder 15 years to life or life without parole
Second degree murder of a law enforcement officer 25 years to life or life without parole in certain circumstances
First degree murder 25 years to life
First degree murder constituting a hate crime Life without parole
First degree murder of an operator or driver Life without parole
First degree murder with special circumstance Death penalty or life without parole
Texas

Source:[6][7]

Offense Mandatory sentencing
Murder with extenuating circumstances Between 2 and 20 years
Murder without extenuating circumstances Between 5 years and life imprisonment
Capital murder Death penalty or life without parole
New York

Source:[8][9]

Offense Mandatory sentencing
Second degree murder 15–25 years to life
Second degree murder of a child in course of sexual offense Life without parole
First degree murder 20–25 years to life or life without parole
Aggravated murder Life without parole
Florida

Source:[10][11]

Offense Mandatory sentencing
Second degree murder Life imprisonment or no more than 30 years of imprisonment
First degree murder Death penalty or life without parole
Indiana

Source:[12]

Offense Mandatory sentencing
Murder 45–65 years
Murder with aggravating circumstances Death penalty or life without parole
Michigan

Source:[13]

Offense Mandatory sentencing
Second degree murder Imprisonment for life or any term
First degree murder Life imprisonment
Virginia
Offense Mandatory sentencing
Second degree murder 5–40 years
Second degree murder of a pregnant woman 10–40 years
First degree murder Between 20 years and life imprisonment (parole eligibility for life sentence : 15 years, 25 years if the victim was under the age of 18)
Capital murder Death penalty or life without parole
West Virginia

Source:[14]

Offense Mandatory sentencing
Second degree murder 10–40 years
First degree murder Life imprisonment
Massachussetts
Offense Mandatory sentencing
Second degree murder Life with parole
First degree murder Life without parole
Wisconsin
Offense Mandatory sentencing
Second degree intentional homicide No more than 60 years
First degree intentional homicide Between 20 years to life and life without parole
New Mexico
Offense Mandatory sentencing
Second degree murder Imprisonment for life or any term
First degree murder 30 years to life
First degree murder with aggravating factors committed on or after July 1, 2009 Life without parole
First degree murder with aggravating factors prior to July 1, 2009 Death penalty or 30 years to life
Maine

Source:[15]

Offense Mandatory sentencing
Murder Imprisonment for life or for any term of years that is not less than 25 years
Vermont

Source:[16]

Offense Mandatory sentencing
Second degree murder if mitigating factors outweigh any aggravating factors 10–19 years to life
Second degree murder 20 years to life
Second degree murder if aggravating factors outweigh any mitigating factors Between 20 years to life and life without parole
First degree murder if mitigating factors outweigh any aggravating factors 15–34 years to life
First degree murder 35 years to life
First degree murder if aggravating factors outweigh any mitigating factors Between 35 years to life and life without parole
Aggravated murder Life without parole
New Hampshire [17]
Offense Mandatory sentencing
Second degree murder Imprisonment for life or any term
First degree murder Life without parole
Capital murder Death penalty or life without parole
Rhode Island [18][19]
Offense Mandatory sentencing
Second degree murder Between 10 years and life with parole after 20 years
Second degree murder of a kidnapped person under the age of 18 Between 10 years and life without parole
First degree murder 20 years to life
First degree murder with aggravating factor 20 years to life or life without parole
Alaska [20]
Offense Mandatory sentencing
Second degree murder 10–99 years
First degree murder or murder of an unborn child 20–99 years
First degree murder with aggravating factor 99 years
District of Columbia [21][22]
Offense Mandatory sentencing
Second degree murder 20–40 years (parole eligibility : one-third)
Second degree murder with aggravating circumstance Between 20 years and life (parole eligibility : one-third ; 15 years if life sentence is imposed)
First degree murder 30–60 years (parole eligibility : 30 years)
First degree murder with aggravating circumstance Between 30 years and life without parole (parole eligibility : 30 years if life without parole is not imposed)
Murder of a law enforcement officer Life without parole

References

  1. ^ "Mordre wol out; that se we day by day." - Geoffrey Chaucer (1340–1400), The Canterbury Tales, The Nun’s Priest’s Tale, l. 4242 (1387-1400), repr. In The Works of Geoffrey Chaucer, ed. Alfred W. Pollard, et al. (1898).
  2. ^ Definition of murderer in Merriam Webster's Online Dictionary (2009). Retrieved on 2009-05-17.
  3. ^ Usage note for -ess in The American Heritage Dictionary of the English Language: Fourth Edition (2000). Retrieved on 2009-05-17.
  4. ^ http://law.justia.com/us/codes/title18/parti_chapter51_.html
  5. ^ http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=187-199
  6. ^ http://tlo2.tlc.state.tx.us/statutes/docs/PE/content/htm/pe.003.00.000012.00.htm
  7. ^ http://tlo2.tlc.state.tx.us/statutes/docs/PE/content/htm/pe.005.00.000019.00.htm#19.03.00
  8. ^ http://law.justia.com/newyork/codes/penal/pen060.06_60.06.html
  9. ^ http://law.justia.com/newyork/codes/penal/pen070.00_70.00.html
  10. ^ http://law.justia.com/florida/codes/TitleXLVI/ch0775.html
  11. ^ http://law.justia.com/florida/codes/TitleXLVI/ch0782.html
  12. ^ http://www.clarkprosecutor.org/html/death/dplaw.htm
  13. ^ http://www.legislature.mi.gov/(S(1p3pvx45r20ive2r3ydskf55))/mileg.aspx?page=getObject&objectName=mcl-328-1931-XLV
  14. ^ http://law.justia.com/westvirginia/codes/61/wvc61-2-2.html
  15. ^ http://law.justia.com/maine/codes/title17-ach0sec0/title17-asec1251.html
  16. ^ http://law.justia.com/vermont/codes/title13/section02303.html
  17. ^ http://www.gencourt.state.nh.us/RSA/html/NHTOC/NHTOC-LXII-630.htm
  18. ^ http://law.justia.com/rhodeisland/codes/title11/11-23.html
  19. ^ http://law.justia.com/rhodeisland/codes/title13/13-8-13.html
  20. ^ http://touchngo.com/lglcntr/akstats/Statutes/Title12/Chapter55/Section125.htm
  21. ^ http://www.michie.com/dc/lpext.dll?f=templates&fn=main-h.htm&2.0
  22. ^ http://www.michie.com/dc/lpext.dll?f=templates&fn=main-h.htm&cp=dccode

Bibliography