06-20-2015, 12:49 PM
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Confirmed User
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Join Date: Feb 2010
Location: California
Posts: 3,068
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Quote:
Originally Posted by mikesouth
but thats why they are charged with lesser crimes capital murder is capital murder regardless of the intent
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Well if you just want to focus on murder, there still exist different degrees within the murder category....they are not all equal.
For example, intentional unjustified killing of another can be 2nd degree murder. Where as the planned (lying in wait) intentional unjustified killing of another can be 1st degree murder...which carries a stiffer penalty. So there again is the issue of the killer's intent.
Also in many states, murdering an on-duty police officer carries a stiffer penalty. Similarly, murdering someone with "aggravated circumstances" component (such as murder using torture, or murder committed to escape jail) carries stiffer penalties. There's a whole list of these "aggravated circumstances" here: AGGRAVATING FACTORS FOR CAPITAL PUNISHMENT BY STATE | Death Penalty Information Center
So as you can see, even murder is not punished equally across the board...nor should it be. The intent of the murderer is crucial in determining the punishment. Thus it should not come as a surprise that a murder coupled with a hate crime component would also carry a stiffer penalty. That's similar to an "aggravated circumstance". |
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