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.

Court Case Divisions

Ever wonder what kind of cases go to the different kinds of courts? Sometimes it can get confusing. There's family court, civil court, and criminal court. There are the types of cases that they typically deal with and there are also things that are referred through the court.

1. Family Court - this court deals with situations such as child custody, visitation risk assesments, gradnparent visitation risk, mediation of parental conflicts over children, child abuse evaluations, adoption readiness evaluations, development of family reunification plans, and evaluations to assess termination of partenal rights. Counseling and psychotherapy referred by the courts include parent-child family counseling, therapeutic supervised visitation, parenting skills training, anger management, divorce adjustment counseling for children and adults, and parental communication skills training.
2. Civil Court - this court deals with situations such as personal injury evaluations, assessment of emotional factors in sexual harassment and discrimination, worker's compensation evaluations, civil competency evaluations, and psychological autopsies. Through the civil court system, counseling is provided for those with post traumatic stress disorder, anxiety, depression, phobias related to traumatic events, psychological factors in cronic pain, anger management, adjustment counseling following trauma, couples counseling regarding trauma, and desensitization.
3. Criminal Court - this is the court that most are familar with. This court deals with situations such as evaluations of juveniles accused of criminal acts, juvenile pre-sentencing evaluations, juvenile probabtion evaluations, juvenile waiver evaluations, evaluating the credibility of of child witnesses, assessment of juvenile and adult sexual offenders, competency and diminished capacity evauluations, and adult pre-sentencing evaluations. The issues addressed inclue counseling of individuals who violate restraining orders, counseling juveniles on probation, supportive counseling for victims of crimes, counseling of individuals awaiting trials, counseling for adults on probation, anger management skills training for violent offenders, counseling and psychotherarapy for sexual offenders.

Juvenile Delinquency Pt. 2

Because juvenile court differs so much from a regular court system, the terms used differ as well. Here is a quick list so you know what you're talking about:

Juvenile Term                                        Adult Term

Adjucation                                             Conviction of guilty

Adjustment                                           Referring to plea bargaining

After-care                                             Parole

Commitment                                        Sentence to imprisonment

Delinquent act                                      Crime

Detention                                              Holding in jail

Dispositional hearing                           Sentencing hearing

Hearing                                                 Trial

Petition                                                 Accusation/Indictment

Residental Care Facility                     Halfway House

Shelter                                                  Jail

Take into custody                              Arrest

Contrary to what some may believe, juveniles have the right to counsel, the right to early written notification of the charge, the right to confront and cross-examine one's accuser, the right to remain silent, and protection from self-incrimination.

Keep in mind, I'm not telling anyone to go out and become a juvenile delinquent, nor am I making excuses for them. I am simply attempting to inform the public on the nature of how a juvenile's behavior becomes delinquent.

info from http://www.yale.edu/