How to Prove Murder

Step-by-Step Guide

1. 1

   Step 1: Identify first degree murder.

   There are generally two kinds of murder: first degree and second degree.
   
   Each requires different mental states.
   
   In other words, what separates first degree from second degree murder is what the defendant was thinking.First degree murder is an unlawful killing that is willful and premeditated.
   
   The defendant planned to commit murder or “lay in waiting” for the victim.First degree murder requires the “specific intent” (willfulness) to end someone’s life, although it does not have to be the victim’s life.
   
   If someone shoots a gun with the intent of killing his father, then the intent exists even if he ends up hitting and killing his mother, who was standing beside the father.
   
   First degree murder also requires deliberation.
   
   The deliberation does not have to be for any minimum length of time.
   
   Nevertheless, the murderer must have deliberated long enough to develop the specific intent to kill.
2. 2

   Step 2: Recognize the elements of second degree murder.

   Second degree murder covers a variety of situations which lack the willfulness and premeditation of first degree murder.
   
   For example, impulsively killing someone in the middle of a fight would be second degree murder.This murder lacks the “deliberation” necessary for first degree murder.
   
   Second degree murder also exists where the defendant does not specifically intend to kill the victim, but knows that death is a likely result of his actions.
   
   If you strike someone in the head with a hammer, then you may not intend for the person to die.
   
   But since you know death is a likely result, then you could be guilty of second degree murder.
   
   Finally, second degree murder exists when the defendant shows a lack of regard for human life by acting with extreme recklessness.
   
   If you fire a gun into a crowd without the intent to specifically kill someone, you nevertheless have acted with depraved indifference to human life. , You might consider manslaughter “murder” because the defendant kills the victim.
   
   For this reason, you should also learn the definitions.
   
   Although you might think manslaughter is murder, the state considers manslaughter less blameworthy because of the defendant’s mental state.Voluntary manslaughter: the defendant kills because of a provocation.
   
   Voluntary manslaughter is often called a “heat of passion” crime, e.g., a husband coming home to find his spouse in bed with another person. (If the killing doesn’t immediately follow from the provocation, then it is murder, not manslaughter).
   
   Involuntary manslaughter: the defendant unintentionally killed the victim but still acted recklessly.
   
   Involuntary manslaughter differs from second degree murder in the extent of the defendant’s recklessness.
   
   The more extreme or depraved the recklessness, the more likely that second degree murder has occurred., Some people mistakenly believe that if the victim’s body is never found then the defendant cannot be found guilty.
   
   This is not true.
   
   There is no legal requirement that a body be found.
   
   Instead, there needs to be evidence of death.
   
   People have been convicted of murder based on a single blood drop from the victim that is found in the defendant’s car. , Murder is a criminal offense.
   
   Accordingly, the state prosecutor is tasked with bringing a case against a murder suspect.
   
   A private citizen cannot sue another person for murder.
   
   However, private citizens can sue another person for “wrongful death.” For example, after O.J.
   
   Simpson was acquitted for the murder of his ex-wife and her friend, the victims’ families then brought a “wrongful death” lawsuit in civil court.
   
   Wrongful death lawsuit can be brought by the victim’s surviving relatives.
   
   Wrongful death suits can be based on intentional acts or on accidents.
   
   For example, you can bring a wrongful death suit against someone who shoots your loved one.
   
   You can also bring a wrongful death suit against someone who accidentally strikes your loved one with a car or who commits medical malpractice.If you win a wrongful death lawsuit, then you can be compensated for the victim’s lost wages, as well as lost companionship and medical or funeral expenses., If a loved one has been killed and the state is prosecuting the suspected killer, you may have a lot of questions.
   
   For example, you might want to know how strong the state’s case is and what it needs to prove to convict the defendant of murder.
   
   You should try to schedule a meeting with the prosecutor to talk over any questions you have.
   
   Many large cities have victim’s advocates within the prosecuting attorney’s office.
   
   These people act as liaisons between the prosecutor and the victim’s family.
   
   You can ask your advocate any question that you have.
   
   Though you might attend court every day, you should realize that you have no role to play in the investigation or prosecution of the suspect.
   
   You should leave it up to the professionals to prove that the defendant committed murder.
3. 3

   Step 3: Distinguish manslaughter from murder.

4. 4

   Step 4: Realize that the body does not have to be found.

5. 5

   Step 5: Learn about wrongful death.

6. 6

   Step 6: Ask the prosecutor questions.

Detailed Guide

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