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The act of 1st degree murder is one of the most calculating and heinous crimes that one

human can perpetrate against another. The underlying predicate factors that determine

1st degree murder are intentional premeditated intent or planning that brought about the

death of another (Cornell law, 2022). Stipulating that, “premeditated intent to kill

requires that the defendant had intent to kill and some willful deliberation (the

defendant spent some time to reflect, deliberate, reason, or weigh their decision) to kill,

rather than killing on a sudden impulse,” therefore, this is the culmination of a scheme

or deliberate plan that is devised and orchestrated with the specific purpose of killing

someone (Cornell Law, 2022).

To that end, yes, I strongly feel that for those that engage in this behavior should

sacrifice their own life by execution in the State or Federal penal system. Spur of the

moment killings such as passion killings out of rage or even killings that are the result of

gross negligence like drunk driving or mishandling of a gun etc. are cases which lack

the malice and premeditation of 1st degree murder. Are these offenders likely to

reoffend? Could they be rehabilitated? Perhaps, but in my view, the cold calculating

individual that goes to the lengths to plan and carry out a murder are beyond

redemption. While many argue against the death penalty and I will agree that in past

cases innocent people have been executed, the level of sophistication reached in

forensic science, crime scene processing, digital data along with surveillance footage

availability in the U.S., there is little doubt as to the accused participation. It is then a

matter of determining the predicate factors and applying the death penalty.

The accused receives numerous appeals and reviews over the years leading up to a

tentative execution date with the average inmate spending 227 months on death row as
of 2020 statistics, that is about 19 years (Statista, 2021). The wait time has grown

substantially in the window from 1990 until 2020 whereby the process has lengthened

the process by 132 months (Statista, 2021). Clearly due process is applied thoroughly

and a jury of their peers along with a sentencing court, appellate court and many times

review by the U.S. Supreme Court have all taken place before execution. Those that

reach this point are guilty and due to their egregious actions and callous disregard for

the life or lives of other human beings, should be permanently removed from society

either outside or inside prison.

References
Cornell Law. (2022). First degree murder. Cornell Legal Information Institute.
https://www.law.cornell.edu/wex/first_degree_murder#:~:text=First%20degree%2
0murder%20is%20the,to%20kill%20and%20felony%20murder.
Statista. (2021, December 13). Average time between sentencing and execution for
inmates on death row in the United States from 1990 to 2020.https://www.statista
.com/statistics/199026/average-time-between-sentencing-and-execution-of-
inmates-on-death-row-in-the- us/#:~:text=U.S.%20capital%20punishment%20
%2D%20time%20elapsed%20between%20sentencing%20and%20execution%2
01990%2D2020&text=In%202020%2C%20an%20average%20of,passed%20bet
ween%20sentencing%20and%20execution.

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