A man discovers that his former business partner has stolen money from their company. Upset, the man retrieves a handgun from his home, drives to the partner’s office, and fatally shoots him during a confrontation. Based on these actions, how should the killing be classified?
Voluntary manslaughter, because the confrontation was provoked by the theft.
Second-degree murder, because the killing was committed during an impulsive argument rather than as part of a calculated plan.
Justifiable homicide, because the theft of the money constitutes provocation that justified the man's actions.
First-degree murder, because retrieving the gun and driving to the scene demonstrates planning and intent.
To classify a killing as first-degree murder, there must be evidence of planning and a deliberate decision to kill. The act of retrieving a weapon and driving to the location where the crime occurred suggests the man had the opportunity to reflect and form a deliberate plan, even if the confrontation itself was heated. By contrast, killings that happen during a sudden confrontation without prior planning, or under the influence of provocation that would cause a reasonable person to lose self-control, may be classified as lesser degrees of homicide, such as voluntary manslaughter.
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What constitutes 'first-degree murder'?
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What are the differences between first-degree murder and voluntary manslaughter?
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What does 'provocation' mean in legal terms related to homicide?