First Degree Murder

To summarize what Siegel say what murder is also known as the common-law. The law defines a murder as "the unlawful killing of a human being with malice aforethought." (P1- pg 265). Murder is the most serious of all common-law crimes and the only crime that can be punished by death in the United States. State laws limit the prosecution of other crimes has a fixed sentence, whereas accused killers can be brought to justice at any time after the crime is committed. To legally prove that a murder has taken place, most state jurisdictions require prosecutors must show that the killer intended to kill the victim in the absence of any apparent provocation.

There are different levels or degrees of murder such as First degree murder where a person kills another after premeditated planning. Second degree murder is defined as all other murder other than first degree murder. If you do not plan and you do not deliberate about a killing but you still intend to kill someone, which is second degree murder. The sentencing ranges from life in jail with no parole for ten years to twenty five years until you are eligible for parole. If there are mitigating factors the jury can recommend the minimum.

A murder case that follows the guidelines of first degree murder is a case of twenty eight year old Brittany Norwood and her reason of killing her co worker. Police arrested Brittany Norwood for the murder of her co-worker, Lululemon Athletica employee Jayna Murray. When another employee arrived at the store last Saturday, March 12, she found Murray dead at the back of the store. Norwood was also on the floor, tied up. Norwood said she and Murray, 30, had been attacked by two masked men wearing gloves. She said the men had sexually attacked both women, tied up Norwood, 28, and killed Murray. But Montgomery County Police say forensic evidence and inconsistencies in Norwood's story led them to conclude that she was the attacker, not one of the victims.

Prosecutors said Norwood, lured Murray to the Lululemon Athletica in Bethesda where both women worked, then brutally beat her to death. Norwood "lost it" during the fiery fight between her and coworker Jayna Murray at the store. Wood openly admitted that Norwood had killed Murray, but argued that she did not act with the premeditation needed to fulfill the charge of first-degree murder. Norwood's attonery argued that it was not premeditated for the fact that if it was, Norwood would be facing the possibility of life with no chance for parole. So for Norwood to fight to get second-degree murder would lessen her sentencing to a maximum of thirty years in prison with a chance for release after 15 years.

Siegel states that murders are often "motivated by rage or anger and typically involve friends, relatives, and acquaintances" (T- pg 267). In Norwood's case it was a former friend and co worker that started from a long feuded debate thus ended in the