Most states divide murder into first and second degree. 1 Some states add a third degreeof murder that generally includes less serious sentencing options. 2 The Model Penal Code classifies allmurders as felonies of the first degree (Model Penal Code § 210.2(2)).
First-degree murder is the highest classification of murder and results in the most extreme punishment available in a jurisdiction’s punishment scheme. If the jurisdiction allows for the death penalty, first-degree murder typically is the only crime against an individual that qualifies the defendant for execution. 3 If the jurisdiction does not allow for the death penalty, first-degree murder often qualifies the defendant for life in prison. 4
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