On utilitarianism, punishment is justified only insofar as it promotes the general happiness. The following are potential utilitarian reasons to punish: For the utilitarian, it is not morally permissible to punish criminals in order to give them what they deserve by exacting revenge or retribution on them. If we punish them in order to promote happiness, then we are violating the categorical imperative by treating them as a mere means to an end.
Unlawful throwing, placing, or discharging of a destructive device or bomb. Death, or Life without the possibility of parole. Prosecutorial Waiver of the Death Penalty The State has the option to waive the death penalty as a sentencing option and elect to seek just Life in prison.
In those cases in which they waive the death penalty as a sentencing option, a person convicted of First Degree Murder will be sentenced to life in prison without any possibility of parole upon conviction. Penalty Phase Proceedings If the State does not waive the imposition of the death penalty and a defendant is convicted of First Degree Murder, the court will then conduct a separate sentencing proceeding to determine whether the defendant should be sentenced to death or life imprisonment.
This separate proceeding is known as the Penalty Phase. Defenses to First Degree Murder In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, specific defenses to the crime of First Degree Murder are: Excusable Homicide The killing of a human being is excusable, and therefore lawful, under any one of the following three circumstances: When the killing is committed by accident and misfortune in doing any lawful act by lawful means with usual ordinary caution and without any unlawful intent, or When the killing occurs by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation, or When the killing is committed by accident and misfortune resulting from a sudden combat, if a dangerous weapon is not used and the killing is not done in a cruel or unusual manner.
Justifiable Homicide The killing of a human being is justifiable homicide and lawful if done while resisting an attempt by someone to kill you or to commit a felony against you.
|Gregg v. Georgia - Wikipedia||The lethal injection room in Florida State Prison.|
Self Defense Also known as the justified use of deadly force, self defense is a defense to the crime of First Degree Murder. Please view the section on Self Defense in Florida for more information. The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.Unlike most editing & proofreading services, we edit for everything: grammar, spelling, punctuation, idea flow, sentence structure, & more.
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the state's laws, the offender's state of mind, the deceased's possible contribution to the escalation of hostilities, the social standing of each party, where the crime was committed, how the person was killed, and whether the slaying attracted media coverage.
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