Pennsylvania Jury Instruction - First Degree Murder - Felony Murder
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FAQ
To return a valid verdict in criminal trials, jurors must reach a unanimous verdict. In civil trials, agreement of just five sixths of the jurors is sufficient to reach a valid verdict.
For criminal trials, nearly every state requires the jury to produce a unanimous verdict. For civil trials, almost one-third of states only require a majority for a verdict. Some states require a majority if the money at issue in the trial is below a certain amount, and a unanimous verdict all other times.
However, if a person is to be convicted of first degree murder, all jurors must agree upon the degree of murder as first degree, People v. Milan (1973) 9 Cal. 3d 185, 195. Consequently, the conviction for first degree murder was reversed and the case remanded to the trial court for a new trial.
First-degree murder - is any intentional murder that is wilful and premeditated with malice aforethought. Second-degree murder - is any intentional murder with malice aforethought but is not premeditated or planned in advance.
PA's penalties for first-degree Murder include life imprisonment and even death when aggravating factors are present. Since Murder is a capital crime in the Commonwealth of PA, it is among the most severe charges a person can face. Get legal advice if you or a family member face first-degree murder charges.
In Pennsylvania, the sentence for felony murder is a mandatory life without the possibility of parole regardless of the circumstances, or whether they killed or intended to kill someone or not.