How is this not first degree murder?!?!

Question

the kid that was killed on the greyhound by that sack of ****. what kind of person does that?! god and they give him 2nd degree murder. hers the link http://news.bbc.co.uk/2/hi/americas/7537675.stm

Answer 1

Because the killer said it was a "thrill kill" and wasn't planned. I don't believe the scumbag but that's what the judge believes

Answer 2

idk...

Answer 3

In many jurisdictions the mere possession of a deadly weapon is evidence of premeditation, as in "why ELSE would you have it?", raising the rebuttable presumption that the intent to kill was formed earlier, and only later became specifically targeted at the victim, making it no less of a "malice aforethought".

Answer 4

Its because the suspect is mentally ill

Answer 5

Well, if you would do a little research, you would already know that first degree murder is pre-meditated.  If that guy had known the victim before the bus ride and had gotten on the bus to murder that specific person it could be first degree murder.  

Answer 6

Me neither. The murderer was sick in the head.

Answer 7

By the law it wasn't premeditated.  Which sucks.  Send the b*****d to Texas, they will kill his @ss anyway.

Answer 8

Well, first degree murder is when the person plans a murder, second degree is when all the sudden he just kill the person, not planning on it ahead of time. The man did not wake up and say, ok I will kill so and so today, he was on the bus and the man made him really mad so he killed him. Not a good enough reason at all!

Answer 9

I don't get it either

That's so wrong...

Answer 10

because.... Life isn't fair and justice is corrupt.

Answer 11

It's because it was random, he didn't plan it out beforehand.

Answer 12

In Canada in order for it to be first degree murder it has to be premeditated.

Since he firstly did not know the victim and secondly there was no provocation or escalation it would be difficult or impossible to charge him with first degree murder.

In Canada first and second degree murder carry the same sentancing structure, so although it is second degree murder it does not mean there is an difference in the viciousness of the crime, simply it is a different classification of murder.

Answer 13

You have to prove intent to be charged with 1st degree murder.

Answer 14

First degree murder is murder that was premeditated. Since there is no evidence that Vince Li planned out the murder (it was unprovoked and random), he cannot be charged with first degree. He most likely won't even go to jail since he is insane and will go to an insane asylum.

Answer 15

they were talking about how it was unprovoked, and how the attacker didn't know the guy.  maybe they thought he was put up to it, payed, or even on drugs... or something, but im pretty sure thats first degree, but they know what they're doing

Answer 16

1st degree is preplanned and premeditated

the guy was brutally killed yes

but he was a random strangers

so only 2nd degree