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If a man shoots his cheating wife "in the heat of passion" does he get a lesser murder charge?
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If a man shoots his cheating wife "in the heat of passion" does he get a lesser murder charge?

Lets say some dudes wife is sleeping with another guy, the husband walks in on it & shoots the wife, Does he get a lesser murder charge because it was commited in the heat of passion?
how many yrs in jail he get?
Additional Details
Dont worry this is just a question that came up in my criminal justice class.


    




Hand Solo
Only in Texas where killing a cheating woman is a way of life.


nogoodloser
Rating
No....they're gonna check your computer and find this question...you're gonna fry.


Oswald29
ummm....please don't shoot your wife, dude.


mesocornymesocorny
dont do it man....


Obama 2012, all worn out
Man slaughter, most places about 5 years. I think he should get a medal, but only if he takes out the other man also.


Ed
Rating
Don't do it Charlie. They don't put you in jail, they put you in prison. Then you'll have some dudes sleeping with you.


Citicop
Rating
That would be second degree murder here.

Still life in prison, but no Death Penalty.


!!60 5pur5 60!!
Rating
It's legal were i live.


joe_shmo38
yes


ed_man118
Rating
I think that it's manslaughter instead of murder and that he does get less time if they can determine that it was in the moment and not planned ahead of time.


Nausicaa
Rating
Well, I would say "no." But in Maine and Texas... it's excusable.

In Maine you can actually take your wife to court for cheating. But the wife can't because she is the lesser.

Not saying everyone in Maine feels that way, I live in NH myself, but, the laws are there. Amazing isn't it?


Under Pressure
If it's his own gun, it was unlikely to have been done in "the heat of the moment."

So it might be best to beat everyone to death!


MrGuy
This exact event happened a year or two ago, search for it im sure you'll find something.

Man came home early, his wife was in bed with another guy, Man walks in the room, sees them busy, wife screams rape, Man takes his shotgun off the wall, shoots the guy dead. Man got off without being charged, wife was charged with 1st degree murder.

Hope that answers the question.


ronald
Rating
its called crime of passion and it depends if he pleads guilty or not guilty


|3a11a
Rating
murder is urder bottom line man


pivonka
Rating
Each state is different.Each judge is different.Not worth it.Even in the heat of passion.I know its easier said then done,but better to walk away and replace the skank then kill her and give up your freedoms.


California Street Cop
Rating
I see. It's a trick question.

The only time he'll spend in jail is the amount of time needed to adjudicate his trial and transfer him to prison if he's found guilty.


J man
I head you do this in TX! And get way with it!


abuelamah
Rating
In California it is hard to prove.that someone was killed in the heat of passion. If the man( woman) has any idea that she( he) maybe unfaithful and he just caught them in the act then killed someone then "No". Any DA would say you knew that you and your wife were not getting along. You knew this could happen so there goes heat of passion.


teagz
Rating
if he goes for temparary insanity from it, its less


Danny
Yes he does. My dads a lawyer


carla55@ymail.com
Yes there is a special charge that is for a crime committed in the heat of passion unless they can prove that this certain person was on line trying to find out information about the crime and details on how to commit a crime in this fashion so as to avoid a stiffer sentence.


ahsoasho2u2
Rating
The husband walks in on it and shoots the wife.
The timing of the event would be critical here.
If he had the pistol on him and knew she was sleeping around, then it could be premeditated (Thought out in advance)
If he went to another room to get a weapon, then came out to kill her only, then this would be enough intent to convict for premeditated also.
Malace aforethought is what controls the charge or otherwise known as premeditated mental state.


Rob
Rating
yes about 25years


Bird
Rating
Depends on the state, the prosecutor, the judge, and his record. The standard charge would be 2nd degree murder, but these could be lowered by way of a plea deal or it could be increased if the prosecutor is smart.


Cookie Monster
I think that is 2nd degree as opposed to first degree. Depends on individual state laws, but in states where there is a death penalty, it can only be given to those convicted in first dgree murder.


Cryst3342
Rating
No and umm...i hope your wife checks this before you kill her =...cheaters arent worth it, just leave them!!


way2cool
If its not planned out, then i think it is a lesser sentence...


S
Rating
It would still be murder, he would probably be spared the death penalty in places that have it or have a few years taken off his jail sentence.


marie s
Rating
no leniency

full sentence





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