It might show my age, but just like there are degrees to Kevin Bacon, there are degrees to murder. They vary depending on the "intention behind the killing and the way murder is committed." It all comes down to intention and malice.
Did you plan it? Did you intend to harm? Did you act recklessly?
The answers to these three questions might, just well, determine if you're going down for first, second, or third-degree murder.
IT JUST HAPPENED. I DIDN'T PLAN IT.
"I swear, officer, I didn't mean to shove my husband out of the moving truck, and I want that put in the record."
First-degree murder comes with a sentence of 25 to life or even death. Second degree 15 to life, but you stand a better chance of seeing the light of day again. Third or manslaughter, defined as "an act of homicide that was committed intentionally but without the specific intent to kill," carries a lesser sentence and a possible fine.
"Your honor, my client and her husband were fighting, and things became heated. Before she knew it, they got into a pushing-and-shoving match. The driver-side door popped open, his seatbelt failed, and he slipped from the vehicle."
THE CIRCUMSTANCES SAY
There are two types of circumstances to consider when you've been charged. Aggravating circumstances are those that make your crime more severe. In other words, damaging evidence. The other is mitigating circumstances that "lightens blame and culpability," which means excuses.
You want the judge and jury to feel for you. These are the people deciding your fate. Throw yourself under the bus and describe your declining mental health, lack of criminal record, and abuse from that first-grade bully who stole your juice box. Be creative. After all, only your freedom and possible life are at stake.
"Members of the jury, the evidence will show you my client was in a deranged mental state at the time of the incident and unable to resist her sudden impulse to lash out."
LET ME PLEAD MY CASE
"My client would like to make a statement at this time."
"Your Honor and members of the jury, I never intended for this to happen. I did not know his door would open and his seatbelt would fail."
If my attorney can prove this statement in a court of law, I may breathe the sweet, fresh air of freedom again before my descent to hell. Even if they can, you're never charged with just one crime at this level of anarchy. There are always other factors to consider.
In the case of my husband "slipping out of the truck," there are the other drivers on the highway. Were they hurt, severely injured, or even killed? Someone has to pay for that. I feel it should be my husband, but he's already dead in this scenario, so where does that leave me? Yup, screwed.
Intention counts in life. Things didn't go quite as you expected, but your heart was in the right place. You drove up to your ex's house, walked to their porch with a gun in your hand, and knocked on the door. Headshot! Did we try hard enough? Did we even try at all? Intentions are one of the factors in life that hold us accountable. There are consequences to your actions and reasons behind those actions. We are left to explain why when we act out against our nature or without control or restraint. Well, if you got caught anyway. It doesn't hurt to know yourself even if you don't. If your counsel can sway a judge and jury with those intentions, you may not have to live in not-so-public housing with an inmate down the row who keeps calling you "candy" and then licks their lips. DO NOT KILL PEOPLE. Just imagine it and revel in that satisfaction.
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