III.B.i. First v. Second Degree Murder | Jeannie Suk | January 20, 2015

H2O

This is the old version of the H2O platform and is now read-only. This means you can view content but cannot create content. You can access the new platform at https://opencasebook.org. Thank you.

III.B.i. First v. Second Degree Murder

Original Creator: Jeannie Suk Current Version: Jeannie Suk Show/Hide

There are many ways to murder someone.

Over time, Anglo-American criminal systems have come to distinguish between degrees of murder. With such a weighty crime and potentially serious punishments, the instinct to subdivide the offense according to degrees of blameworthiness seems like a reasonable way to accommodate the “proportionality principle”—the idea that crimes of different levels of blameworthiness should be treated differently. The best-known distinction between types of murder is between first- and second-degree murder.

The line between first- and second-degree murder is supposedly clear: premeditation. As the cases in this section suggest, however, defining premeditation can be difficult, and courts have taken different approaches. As you read these cases, consider also how the distinction between first- and second-degree murder serves the goals of criminal punishment. Which is more blameworthy, and thus more deserving of punishment as a matter of retribution? Who is more dangerous, and should be incapacitated longer, or permanently? Who can be deterred—and who can’t?

EDIT PLAYLIST INFORMATION DELETE PLAYLIST

Edit playlist item notes below to have a mix of public & private notes, or:

MAKE ALL NOTES PUBLIC (4/4 playlist item notes are public) MAKE ALL NOTES PRIVATE (0/4 playlist item notes are private)
  1. 1 Show/Hide More Commonwealth v. Carroll
    Original Creator: Jeannie Suk Current Version: Jeannie Suk
  2. 2 Show/Hide More State. v. Guthrie
    Original Creator: Jeannie Suk Current Version: Jeannie Suk
  3. 3 Show/Hide More State v. Brown
    Original Creator: Jeannie Suk Current Version: Jeannie Suk
  4. 4 Show/Hide More Williams v. State
    Original Creator: Jeannie Suk Current Version: Jeannie Suk
Close

Playlist Information

January 20, 2015

Author Stats

Jeannie Suk

Harvard University

Other Playlists by Jeannie Suk

Find Items

Search below to find items, then drag and drop items onto playlists you own. To add items to nested playlists, you must first expand those playlists.

SEARCH
Leitura Garamond Futura Verdana Proxima Nova Dagny Web
small medium large extra-large