The difference between first and second degree murder in Florida

The difference between first and second degree murder in

Florida



The difference between first and second degree murder in Florida can be summed up in one word,

"Premeditation."

Was the death intentional? What kind of planning went into the fatality is the difference between first and

second degree murder.

Premeditation is not the only circumstance which can lead to an individual being charged with first degree

murder. 

When someone commits another crime such as robbery which results in the death of another person then

the resulting charge of those who were responsible will be first degree murder.

In Florida as in many other states, all participants in a fatal robbery will be charged with first degree

murder; whether they had anything to do with the fatality or not.

This is an area which many people believe needs to be looked at and there are several reasons for this; the

main one being that the person who pulls trigger should be the one solely responsible for the fatality. The

fact that others were involved in the crime which lead to the death should not make them equally

responsible for the discharge of a firearm.

In California a law came int force on January 1, 2019 where those who were serving long prison sentences

because for being accomplices to someone who committed murder were resentenced after having their

cases reviewed. The factor which was considered was intent as far as the fatality was concerned.

This is a law which needs to be looked at in states such as Florida which leaves no room for discretion

and common sense. 

The law is supposed to be based on justice not retribution. It does not exist in order to take revenge on

those who have wronged us. It seems that those who are making the decision to keep people locked up

are not qualified to make the call as to whether someone is a risk to society.

A change in Florida law is sought for fairer sentences for cases where there are mitigating circumstances.

One of these is cases where there was no premeditation or intent involved in the fatality. 

Click on the petition link below to sign the petition.

https://bit.ly/30KWYcA

www.floridalawchange.blogspot.com

Tampa Bay Magazine is Tampa Bay's only lifestyle magazine featuring the people, places and pleasures of the area. Order your copy here:

https://www.tripleclicks.com/11663993/detail?item=4846

#florida #rondesantis #nikkifried #floridalaw 





Comments

Post a Comment

Popular posts from this blog

American injustic

Image
Written by R. A. Stewart In 2010 Florida women Jennifer Mee was convicted of first degree murder. “Was the death premeditated” “No” Was the death intentional “No” Was the death malicious “No” Did Jennifer actually kill the victim “No” Then why was she found guilty? The answer Under Florida law all participants in a fatal robbery are equally guilty of murder. Is it right... that someone who had no intention to murder can face the same charges as someone who committed the murder? And spend the rest of their life in prison... for a murder she did not commit... but... she is guilty according to Florida law. The worst part of it is that there is no room for a judge to use their discretion. This law is known as “The Feloney Rule.” Florida is not the only state where this law is applicable. A petition is circulation as part of a campaign to change this situation. You can see details on this on the link below: Change.org Abolish the Felony Murder Rule in America!! At Change.org there is a peti...
Read more

Florida law change campaign

Image
Florida law change campaign In Florida as in many other states of America, anyone who is a party to a fatal robbery is as equally guilty of committing the murder as the person who did the actual killing. It does not make any difference whether or not there was any intention to kill the victim. If you are part of the crowd  who were involved in the death of another person then you are guilty.  What kind of a sentence do you think a person who was a party to a murder receive? 10 years? 20 years? 30 years? Would you believe life without the possibility of parole. How can this be justified? If your son or daughter found themselves in this situation how would you feel? I am calling for a law change which will recognise that these folk who may have been a party to a person's death have actually committed manslaughter if even that. There needs to be a change of law which changes the definition of felony murder that significantly reduces the possibility of a defendant being unfairly ...
Read more