Degrees of Murder

As most  of you know, when being tried for murder, there are several different categories to fall under. Sometimes I think it's unclear how murders are ranked so I'm here to clear that up!

1st Degree/Capital Murder

This is, by far, the most serious type of murder. In most states, it involves premeditation and planning or malice. Planning is deliberate if the perp make a clear decision to take the victim's life. Premeditation is when the perp thinks through the murder before it is committed. In some states, there are additional factors used to distinguish 1st degree murder. First and foremost, motive is looked at thoroughly. Another factor is the context of the murder - how it occured. Also, certain states will charge a person for 1st degree murder is more than one victim is killed at the time or if the victim's age caused them to be vulnerable. Things like sexual assault and robery coexsisting with the murders are also factors that can push a murder into the capital murder category.

2nd Degree Murder

This is when someone kills with malice. There's no premeditation or deliberate planning. Malice is doing a harmful act without just cause or legal excuse. So, for 2nd degree murder, you're still killing intentionally, you just didn't plan as well. This usually takes place in heat-of-the-moment, emotional situations.

Felony Murder

These murders are particularly planned or intended; while committing a felony, murder happened to take place as well. Even an accidental death will be considered murder if it takes place during the time of the felony.

When defendants are charged with murder, they should understand the degree of murder they're being charged with because it affects the level of punishment and the defensive strategies used. In some states, the death penalty is justified for 1st degree murder.

A Case Of Bad Parenting: Jeffery MacDonald



Colette, Kimberly, and Kristen



February 17, 1970. Fort Bragg, North Carolina. An army doctor's wife and two children murdered; the doctor was wounded.

Jeffery MacDonald joined the army after he was married and was having his second child. Times were tough but the future looked extremely bright for this young family. MacDonald travelled up through the ranks rather quickly. Soon, he was appointed Group Surgeon to the Special Forces group. Now, he was expecting a new baby boy. Life wads great. Unfortunately, one event could bring that life to a tragic end.

On February 17, 1970, a 911 call was recieved. Dr. Jeffery MacDonald was on the other end begging for help and an ambulance. When the police arrived, they found his wife and two daughters dead. MacDonald was lying beside his wife with his arm stretched over her; he was wounded.

MacDonald's wife's head was battered along with her face, and she was covered in blood. Kim, his daughter, had stab wounds around her neck and her face was battered as well. Kristen had been stabbed multiple times both in the back and the chest.

MacDonald told police that three men and a hippie-type woman attacked them.

In the hospital, MacDonald was treated for cuts and bruises, wounds on his head, and various puncture wounds around his heart. A knife wound had punctured his lung, causing it to collapse.



Jeffery MacDonald



MacDonald was intensively interrogated by the Army police. It was decided that his wounds were superficial and self-inflicted. It was also decided that the story was a lie created to cover up the fact that he was responsible for the murders.



He now sits in prison for the murders he so brutally committed. He remains in a prison in Cumberland, MD.  He has decided, after fourteen years, to apply for parole.



info from about.com
pictures from google images

Murder in Mio Pt.2



Junior Duvall



Barbra had every reason to be scared and want to keep the secrets. The other witnesses that the police had spoken with ended up dead. Barbra didn't want to end up the same. The investigating police officer began to gain Barbra's trust, gardening with her and spending time together. Finally, after more than a decade, Barbra is ready to tell everything.

She tells the story and her details are questioned because of the alcohol she consumed. She verifies that she was an alcohol and knew how to hold her liquor. She accused the Duvall brothers in her statement and they were immediately arrested.



Coco Duvall

The trial was shaky. The Duvall brothers were sure that they were going to get off free because there was no hard evidence. No bodies, no blood, no cause of death. However, when the jury went behind the scenes for deliberation, it took only two hours. They returned guilty verdicts for both of the brothers. They are now serving life without parole.

Hunters still flock to Mio, Michigan every year for hunting, but the story of David Tyll and Brian Ognjen is never far from their minds. Although the town was extrememly relieved to have the Duvall brothers gone, the story lives on. David Tyll and Brian Ognjen will never be forgotten.

pictures from google images.
info from id.edu