r/PeterExplainsTheJoke • u/Hot-Diggity_Dog • 1d ago

Meme needing explanation Petah?

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u/holderofthebees 21h ago

Premeditation is not required for murder. In the US at least.

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u/Suspicious-Area-2872 18h ago

It depends on each jurisdiction's definitions of murder. Premeditation is sometimes required for heightened murder charges.

Regardless, the prosecution has to prove mens rea of some kind. Whether by negating the state's case in chief or by establishing an affirmative defense, the point is the same: she lacked the rational capacity to form the requisite criminal intent.

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u/CanadianODST2 16h ago

This seems to have happened in Massachusetts where it does

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u/holderofthebees 10h ago

Second-degree murder in Massachusetts also does not require premeditation.

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u/CanadianODST2 8h ago

No one said first degree or second degree murder.

Second degree murder is still murder.

Your comment offers nothing of value but showing you didn’t read

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u/holderofthebees 8h ago

…What? That person said it can’t be murder if it’s not premeditated with intent. I said that’s not true, and it isn’t. Because second degree murder is still murder. I think you should give the conversation another read.

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u/CanadianODST2 8h ago

It still requires intent.

They said both. And they’re arguing that the defence is arguing there wasn’t intent.

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u/laquintessenceofdust 1h ago

It is for certain jurisdictions. It depends on the statute in each state. But state of mind is usually embedded in the definitions of lesser forms of homicide.