Z******n
发帖数: 628 | 1 What is Second Degree Murder?
Under Illinois Law, (720 ILCS 5/9-2), a person commits the Felony crime of
Second Degree Murder when:
(a) they commit the offense of First Degree Murder as defined in paragraphs
(1) or (2) of subsection (a) of Section 9-1 (see above) of this Code and
either of the following mitigating factors are present:
(1) At the time of the killing they are acting under a sudden and intense
passion resulting from serious provocation by the individual killed or
another whom the offender endeavors to kill, but he negligently or
accidentally causes the death of the innocent individual; or
(2) At the time of the killing you believe the circumstances to be such that
, if they existed, would justify or exonerate the killing under the
principles stated in Article 7 of this Code, but their belief is
unreasonable. Basically, Article 7 provides that a person is justified in
the use of force against another when and to the extent that he reasonably
believes that such conduct is necessary to defend himself or another against
such other's imminent use of unlawful force. However, he is justified in
the use of force which is intended or likely to cause death or great bodily
harm only if he reasonably believes that such force is necessary to prevent
imminent death or great bodily harm to themselves or another, or the
commission of a forcible felony.
Unlike First Degree Murder, Second Degree Murder is a Class 1 Felony that
that carries from 4 to 20 years in prison. However, as an alternative to
jail, probation is available for up to four years. | h**********t
发帖数: 545 | | P*********t
发帖数: 4451 | 3 Boy you are SOOO wrong.
You are like a bookworm. Reading from some words.
Given a crime. Some best legal experts can only GUESS what the charge would
eventually be. It depends on DA's relationship in the court and his or hers
understanding and feel of local jury pool at the time and many other little
considerations.
Not easy to guess right and bet your house on it.
BUT. The other direction is much more impossible.
Given a criminal charge, NOBODY can figure out what the actual crime was
like. NOT POSSIBLE.
Almost nothing about a crime can be infered from its charge Brought up In
court.
You don't sound like an educated man.
High school dropout?
paragraphs
【在 Z******n 的大作中提到】
: What is Second Degree Murder?
: Under Illinois Law, (720 ILCS 5/9-2), a person commits the Felony crime of
: Second Degree Murder when:
: (a) they commit the offense of First Degree Murder as defined in paragraphs
: (1) or (2) of subsection (a) of Section 9-1 (see above) of this Code and
: either of the following mitigating factors are present:
: (1) At the time of the killing they are acting under a sudden and intense
: passion resulting from serious provocation by the individual killed or
: another whom the offender endeavors to kill, but he negligently or
: accidentally causes the death of the innocent individual; or
| d**e
发帖数: 863 | 4 有点意思。
不知道DA一般办事的风格怎么样。
指控在最初一段时间（30天？）是可以修改的，但是必须在
逮捕后一段时间内（3天？）提出。
也许先放出一个保守的指控，可以把人继续关押，然后再升级。 |
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