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why does premeditation make a murder worse?

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why does premeditation make a murder worse?

Old 11-03-11, 10:32 AM
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why does premeditation make a murder worse?

In our court system, a person might get a longer sentence if they meticulously planned out a murder. If the defense can prove that the killer just "snapped," they might spend less time in prison.

Suppose Alan discovers that his wife is having an affair. He spends some time planning out the murder, successfully carries out his plan, but gets caught. Suppose Bob has a shitty job and gets yelled at a lot. One day, on his way home, he gets cut off in traffic. He gets home, his wife burned his supper, he snaps and kills her.

Because Alan's crime was premeditated, he gets life without parole. Bob's murder wasn't premeditated, so he gets 30 years, and can get out after 20 with good behavior. I'd think that both guys are a danger to society, but isn't Bob even more dangerous?
Old 11-03-11, 10:36 AM
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Re: why does premeditation make a murder worse?

They should be both put away for life!
Old 11-03-11, 10:41 AM
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Re: why does premeditation make a murder worse?

I don't know the answer to your question. But I'm going to report this thread to the authorities. Don't do it, dude.
Old 11-03-11, 10:43 AM
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Re: why does premeditation make a murder worse?

Premeditation shows clear intent to kill and that even the "count to 10" rule wouldn't have stopped you. You are also assuming that there isn't the ability to put Bob away for life w/o parole. There likely still is. It just wouldn't be an automatic and there would be lesser options. For example, once the defense points out that his wife hit him with the hot frying pan after he yelled about the burned dinner. He pushed her in response and she fell awkwardly and hit her head causing death. Yeah, he killed her but he didn't plan to or even necessarily intend to.
Old 11-03-11, 11:21 AM
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Re: why does premeditation make a murder worse?

Well if Bob's wife was hot he is guilty if not set him free. This is easy I can't wait to become a judge.
Old 11-03-11, 11:26 AM
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Re: why does premeditation make a murder worse?

Originally Posted by Larry C. View Post
Well if Bob's wife was hot he is guilty if not set him free. This is easy I can't wait to become a judge.
I hear that Aransas County, Texas will be looking for one.
Old 11-03-11, 11:49 AM
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Re: why does premeditation make a murder worse?

Originally Posted by Vibiana View Post
I hear that Aransas County, Texas will be looking for one.
Yeah but I don't beat my kids.... At least not on camera
Old 11-03-11, 12:48 PM
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Re: why does premeditation make a murder worse?

Someone who is mentally capable of calmly planning, and carrying out a murder, is a danger to anyone whose death would benefit them. Even the guy down the street who leaves his trash cans in the road.

Someone who "loses it" is dangerous, but only to people they have strong emotional reactions to. These people can stay out of their way. Also, theoretically, someone who "snaps" can learn to control their emotions, and become safe to let loose in the world.

I don't know how to teach someone who kills for money that they shouldn't do that.
Old 11-03-11, 12:51 PM
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Re: why does premeditation make a murder worse?

Forgot to mention: The only premeditated murders that go to trial are the ones that the murderer screwed up. If they planned it right, it would never come up in the first place.

So, punishing premeditated murder more strongly (supposedly) adds to the risk factor for someone planning a murder, so that maybe they will decide not to.
Old 11-03-11, 12:57 PM
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Re: why does premeditation make a murder worse?

But if all murder crimes were punished in the same way, wouldn't the preventative factor be the same?
Old 11-03-11, 01:05 PM
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Re: why does premeditation make a murder worse?

No, because people that 'snap' don't tend to sit and think of the possible penalties they face.
Old 11-03-11, 01:28 PM
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Re: why does premeditation make a murder worse?

No, I'm saying increasing the non-premeditated penalty to be the same wouldn't make people more likely to commit premeditated murder.
Old 11-03-11, 01:38 PM
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Re: why does premeditation make a murder worse?

Originally Posted by Mrs. Danger View Post
Someone who is mentally capable of calmly planning, and carrying out a murder, is a danger to anyone whose death would benefit them. Even the guy down the street who leaves his trash cans in the road.

Someone who "loses it" is dangerous, but only to people they have strong emotional reactions to. These people can stay out of their way. Also, theoretically, someone who "snaps" can learn to control their emotions, and become safe to let loose in the world.

I don't know how to teach someone who kills for money that they shouldn't do that.
Exactly.

Premeditated means the suspect is likely to do it again. Whereas if someone just snapped they can get help and likely not ever do it again.
Old 11-03-11, 02:01 PM
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Re: why does premeditation make a murder worse?

Originally Posted by Mrs. Danger View Post

Someone who "loses it" is dangerous, but only to people they have strong emotional reactions to. These people can stay out of their way.
and just how does one stay out of someone who snaps way...if they have no idea that person has snapped and killed in the past?
Old 11-03-11, 02:49 PM
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Re: why does premeditation make a murder worse?

I don't know the real reason, but just plotting to kill someone is a crime with a decent punishment, even if you are not successful. So premeditated murder could really be looked at as the combination of two crimes. Man, if you hate the person it could be a hate crime too. Don't even get me started on people who choose a method of murder without going through the necessary permitting process. Brutal.
Old 11-03-11, 04:48 PM
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Re: why does premeditation make a murder worse?

Premeditation gives you the time to think about the crime that you have planned and back out before committing it.
Old 11-03-11, 06:23 PM
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Re: why does premeditation make a murder worse?

Originally Posted by dsa_shea View Post
Premeditation gives you the time to think about the crime that you have planned and back out before committing it.
Nobody likes a quitter.
Old 11-03-11, 06:53 PM
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Re: why does premeditation make a murder worse?

Also consider this.

Someone who "snaps" and lashes out, you can duck, and run for it. Once they calm down, maybe you can talk. Or, at least, you can stay the hell away from them.

Someone who just wants your insurance money is going to sneak up on you and poison you, or shoot you in the back, or tamper with your brakes...

Much scarier.
Old 11-03-11, 08:14 PM
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Re: why does premeditation make a murder worse?

Yes, it's an "uncontrolled basic human emotions" vs. "cold, calculating, evil" thing.
Old 11-03-11, 09:38 PM
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Re: why does premeditation make a murder worse?

Legislatures feel that a premeditated murderer is more blameworthy than a person who snaps and then kills someone.

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