Now Way of Knowing @PawPower1981 - Aggravating and Mitigating Factors for Second Degree Murder Make for All Kinds of Shit Storms...
In addition to elements set out in the penal code, there are usually some aggravating and mitigating factors that courts examine to determine the second-degree murder penalties.
You're guess is as good as the CNN pundits who want him crucified as opposed to prison time. These factors vary from jurisdiction to jurisdiction, but most jurisdictions will examine a few basic factors when deciding on punishments.
In the federal system, for example, under the Federal Sentencing Guidelines
, a judge can increase a second-degree murder sentence if the defendant's conduct was exceptionally heinous, cruel, brutal, or degrading to the victim. Other aggravating factors include a defendant's criminal history, whether the crime constituted a hate crime, and whether the defendant used a firearm in the commission of the crime.
States also examine similar aggravating and mitigating factors when determining second-degree murder penalties.
I'm not a lawyer, but I play one on TV.
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