看来警方有证据证明 黄梦尘同学有挑衅行为# WaterWorld - 未名水世界
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What is Second Degree Murder?
Under Illinois Law, (720 ILCS 5/9-2), a person commits the Felony crime of
Second Degree Murder when:
(a) they commit the offense of First Degree Murder as defined in paragraphs
(1) or (2) of subsection (a) of Section 9-1 (see above) of this Code and
either of the following mitigating factors are present:
(1) At the time of the killing they are acting under a sudden and intense
passion resulting from serious provocation by the individual killed or
another whom the offender endeavors to kill, but he negligently or
accidentally causes the death of the innocent individual; or
(2) At the time of the killing you believe the circumstances to be such that
, if they existed, would justify or exonerate the killing under the
principles stated in Article 7 of this Code, but their belief is
unreasonable. Basically, Article 7 provides that a person is justified in
the use of force against another when and to the extent that he reasonably
believes that such conduct is necessary to defend himself or another against
such other's imminent use of unlawful force. However, he is justified in
the use of force which is intended or likely to cause death or great bodily
harm only if he reasonably believes that such force is necessary to prevent
imminent death or great bodily harm to themselves or another, or the
commission of a forcible felony.
Unlike First Degree Murder, Second Degree Murder is a Class 1 Felony that
that carries from 4 to 20 years in prison. However, as an alternative to
jail, probation is available for up to four years.
Under Illinois Law, (720 ILCS 5/9-2), a person commits the Felony crime of
Second Degree Murder when:
(a) they commit the offense of First Degree Murder as defined in paragraphs
(1) or (2) of subsection (a) of Section 9-1 (see above) of this Code and
either of the following mitigating factors are present:
(1) At the time of the killing they are acting under a sudden and intense
passion resulting from serious provocation by the individual killed or
another whom the offender endeavors to kill, but he negligently or
accidentally causes the death of the innocent individual; or
(2) At the time of the killing you believe the circumstances to be such that
, if they existed, would justify or exonerate the killing under the
principles stated in Article 7 of this Code, but their belief is
unreasonable. Basically, Article 7 provides that a person is justified in
the use of force against another when and to the extent that he reasonably
believes that such conduct is necessary to defend himself or another against
such other's imminent use of unlawful force. However, he is justified in
the use of force which is intended or likely to cause death or great bodily
harm only if he reasonably believes that such force is necessary to prevent
imminent death or great bodily harm to themselves or another, or the
commission of a forcible felony.
Unlike First Degree Murder, Second Degree Murder is a Class 1 Felony that
that carries from 4 to 20 years in prison. However, as an alternative to
jail, probation is available for up to four years.