One of the most complex and intriguing questions surrounding the US criminal justice system concerns the treatment of murder. The system provides for multiple categories of murder: first and second degree. After examining the case of Dick and Jane, it is clear that Jane should be charged with first-degree murder. Intent is the main requirement that should be met for an individual to be charged with first-degree murder (Iggulden, 2006). In the case, it is noted that Jane told Dick that she needed to use the bathroom and wished to discuss his wish for a divorce further. The fact that she went to the bedroom instead of the bathroom suggests deliberation and intent. In going to the bathroom, she was motivated by the intent to fetch the gun and kill Dick. For her to be charged with second degree murder, the law stipulates that it must be established that the murder was not premeditated. This is simply not the case here.
In her defense, Jane could argue that what she has committed is a heat of passion crime. This argument is unlikely to be successful. Guidelines that juries and judges use to determine appropriate sentences stipulate that a defendant may get a lighter sentence if the victim engaged in behavior that was provocative (Volokh, 2014). However, the guidelines also state that the defendant’s response must be reasonable and in proportion to the provocative action of the victim (Volokh, 2014). Jane may argue that Dick’s announcement that he wanted a divorce upset her and forced her to kill him. This argument is clearly weak since murdering Dick does not match his mere desire for a divorce. Furthermore, it has to be remembered that the murder was premeditated and deliberate. Therefore, in reviewing the case, the jury or judge should find Jane guilty and render the harshest punishment that the law permits.
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References
Iggulden, A. (2006). Murder categories. The Telegraph. Retrieved September 13, 2018 from
https://www.telegraph.co.uk/news/uknews/1535570/Murder-categories.html
Volokh, E. (2014). The ‘heat of passion’ voluntary manslaughter theory. Washington Post.
Retrieved September 13, 2018 from https://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/11/20/the-heat-of-passion-voluntary-manslaughter-theory-responsibility-and-punishment/?utm_term=.a6072cd71dee
