That's not necessarily true in all jurisdictions, as the elements defining degrees of murder are not universal. But, interestingly, in the case of Michigan (which applies here), you may be correct, insofar as a "premediated killing" is construed as a killing performed "in cold blood".
Michigan's statutes indicate that first degree murder includes any willful, deliberate, and premeditated killing. [1] Whereas second degree murder includes all "other kinds" of murder which do not fall under the specifically enumerated conduct rising to the level of first degree murder. [2]
While the second degree murder statute does not expressly describe what circumstances would precipitate those "other kinds" of murder, the statute outlining the scoring system for crimes involving "intent to kill" suggests that second degree murder would be committed where the offender had unpremeditated intent to kill or created a very high risk of death knowing that death was the probable result. [3]
Yikes - you can't post like this here. We ban accounts that do, so please don't do it again. If you'd please review https://news.ycombinator.com/newsguidelines.html and stick to the rules when posting here, we'd appreciate it.
We've had to warn you about breaking the site guidelines multiple times before, though it doesn't look like you've been making a habit of it lately (that's good!).
Responding with more snark and flamebait is not helping.
If another commenter is breaking the site rules, you're welcome to bring that to our attention. (There are far too many comments for us to read them all, so it's possible we missed something.) But even if you're right, it's no excuse for flouting the rules as you did. Commenters, including you, need to follow HN's rules regardless of how bad other comments are or you feel they are.
Are we not allowed to simply have academic conversations and raise points for the personal education and edification of others (and not necessarily limited to those who are the immediate parties to a conversation, but also with respect to the community at large)? What's the problem exactly? Sorry for offending you.
Michigan's statutes indicate that first degree murder includes any willful, deliberate, and premeditated killing. [1] Whereas second degree murder includes all "other kinds" of murder which do not fall under the specifically enumerated conduct rising to the level of first degree murder. [2]
While the second degree murder statute does not expressly describe what circumstances would precipitate those "other kinds" of murder, the statute outlining the scoring system for crimes involving "intent to kill" suggests that second degree murder would be committed where the offender had unpremeditated intent to kill or created a very high risk of death knowing that death was the probable result. [3]
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[1] http://www.legislature.mi.gov/(S(cdcjvuv1er3twxx1crhz3tb3))/...
[2] http://www.legislature.mi.gov/(S(cdcjvuv1er3twxx1crhz3tb3))/...
[3] http://www.legislature.mi.gov/(S(cdcjvuv1er3twxx1crhz3tb3))/...