A defendant and the victim had an argument at a bar. The defendant left the scene, went home to retrieve a handgun, and returned to the bar 20 minutes later. Upon seeing the victim, the defendant walked up to him and shot him multiple times, killing him. The defendant claims the shooting was done in the heat of passion. Which of the following is the most accurate classification of the defendant’s crime?
This question tests the understanding of premeditation and deliberation as they pertain to intended killings. A killing is first-degree murder if committed with premeditation and deliberation. Here, the defendant had time to cool off after leaving the bar (20 minutes to retrieve a handgun), indicating a reasoned intent to kill rather than a heat-of-passion killing. Heat-of-passion killings typically reduce the charge to voluntary manslaughter, but in this case, there was ample time to cool down, so the defense is weak. Crimes like second-degree murder are differentiated by lacking significant premeditation or deliberation, which are clearly present here.
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What is the difference between first-degree murder and second-degree murder?
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