>>>Very disturbing story
>>>
>>>the alleged murder is charged with second degree murder. Why not first degree?
>>>
>>>http://www.foxnews.com/story/0,2933,493645,00.html
>>
>>I guess we had the same sort of misunderstanding about the difference. I thought premeditation was enough, but apparently not.
>>
>>Personally, I think they should do away with all the junk and just have a charge of murder. I'm clearly not a lawyer, so maybe my thoughts are too simplistic, but for me, killing somebody when it's not in self defense or defense of another, should simply be called 'murder', and that should be the charge. (Let's stay out of the argument about when somebody becomes a somebody for now - that's for another time.)
>>
>>Killing somebody while dui should be murder, not manslaughter, not 'dangerous driving causing death'.
>>
>>Pushing somebody down the stairs as a joke that ends up killing the person should be called 'murder'.
>
>Its difficult to have sentencing guidelines then. A murder thats a "crime of passion" as I think the French say shouldn't attract the same punishment as a murder that is carefully planned and executed.

We differ. I think it should. Is the victim less dead because it was a crime of passion? Will he victim be back to his old self in a few years, raising his/her children, enjoying a good laugh with friends etc, because it wasn't premeditated?