MovieChat Forums > The First 48 (2004) Discussion > Sentencing questions

Sentencing questions

posted 10 years ago by mbruckner
3 replies | jump to latest

Okay, so. I don't know a lot about the difference between 1st degree, 2nd degree, capital murder, etc. I know there's intent to be considered. Also there's a difference between how you plead.. but forgive me, how can one person get sentenced to life and another get sentenced to 20 years for essentially the same crime? It happens all the time on this show. (I understand each case has a million things to consider that make the case unlike any other.)

What determines the sentence and how can someone get sentenced to 15 to 30 years for murdering someone? Ever? The cases I'm talking about are straight up murder too.. not manslaughter or self defense-ish cases. Straight up cold blooded murder? This baffles me every time.

[–] Navaeh 10 years ago

1st degree and Capital Murder are the same thing. To be charged with it there has to be proof of intent and planning. In applicable states people found guilty of 1st degree and Capital Murder are eligible for death penalty or Life

2nd degree murder is murder that was not planned. A person can intentionally murder someone but if there is no proof of planning then it is second degree. Eligible for Life Imprisonment.

Felony Murder is murder committed while in the act of a felony. If someone is committing a crime and intentionally or accidentally kill someone it is felony murder. A lot of times this can be charged as First degree murder. Also just being present at the felony with someone who commits felony murder can cause any one else there to be charged with murder (2nd degree) Felony Murder in applicable states is eligible for Death Penalty or Life Imprisonment.

Voluntary Manslaughter aka 3rd Degree murder is typically crime of passion murder. A person would have to be under mental duress during the altercation for this to apply. Whereas they normally would not have the disposition to kill someone. Think cheating husband/wife. This crime usually gets a couple years at most.

In regards to sentencing it all is determined by state. States have different amount of time they allow people to be sentenced and Juries can also determine how long a person goes to prison. Most of the cases on this show though are plead out and never go to court. A person who Commits 1st degree murder may take a plea deal of 20 years. Plea deal are common a lot because most people on this show are poor and cant afford the lawyers it would take to take their case to trial. Going to trial they have a chance at maybe getting life or walking away found not guilty. The prospect of life imprisonment and coercion by prosecutors makes plea deals sound much more appealing. And sometimes they knock some of the charges down or completely off if you take the plea and admit guilt just so they dont have to go to trial.

Cause I can't post without a body

[–] mbruckner 10 years ago

Excellent info and makes perfect sense. Thanks!

[–] chicago85 9 years ago

My state used to have a charge called "murder without malice." One time they finally caught a man years later who had been indicted and ran. They tried him under that charge and the judge, prosecutor, and defendant's lawyer all had to bone up on the specifics.

We had our own term for murder without malice. "a nickel divorce." The usual punishment was usually a five year suspended sentence when a wife beater was shot and court protective orders failed. A nickel was the price of a bullet. Women were told if the first shot doesn't kill him then empty all six shots in him from your revolver. Two shots shows it was no accident of the gun going off. Empty the gun and keep clicking then say you blacked out and don't remember anything.

The worst miscarriage I can remember was an old man who confronted a young thug seeing his young wife. He confronted the man with a single barrel .410 shotgun loaded with birdshot. The guy took the gun away from him and shoved it up under the old man's jaw and killed him. He got a small fine and 30 days for discharge of a firearm within city limits.

I don't know everything. Neither does anyone else