In Illinois, what constitutes 1st degree murder?

Here is the story, a man plots to kill a woman. Three years later, he ends up staying overnight with his aunt and this woman that he has plotted to kill. In the middle of the night he hears strange noises and grabs his pistol to check things out. He hears the noises again, and fires his pistol without aiming. He ends up shooting the woman that he had once plotted to kill. He is being charged with 1st degree murder, but is there anyway that he can get off? I have checked the statutes and law, but I can't find a case where the situation is like this one. Please help!

jurydoc

The Illinois statute for first degree murder says the following:

A person who kills an individual without lawful justification commits first degree murder if, in performing the acts which cause the death:
(1) he either intends to kill or do great bodily harm
to that individual or another, or knows that such acts will cause death to that individual or another; or

(2) he knows that such acts create a strong
probability of death or great bodily harm to that individual or another; or

(3) he is attempting or committing a forcible felony
other than second degree murder.

It doesn't matter what he might have done three years ago. If he shot planning to inflict great bodily harm or death on whatever (or whomever) he was shooting at, it constitutes first degree.

Premeditation and intent can be formed in seconds.

Jr. is angry

you are a juror, you are asked to believe he just happened to have his gun with him while vising his aunt. the gun just happens to be with in reach. he just happens to investigate a strange noise that he just happens to know is strange for the house he is in, he just happens to investigate said strange noise in said strange house with out turning on lights. he just happens to know said strange noises are a threat to him, in a strange house and in the dark, and fires a weapon he knew enough about, was comfortable enough with to keep next to him, but did not know enough to know the gun can not see in the dark, and he fires said weapon.
you really expect a juror to fall for this?
he called to his wife, when she said, "where are you? turn on the lights" he shot her.

that is why it is murder one, the cops know it was planned.

Teekno

It'll depend on what the jury believes was in his mind at the time he pulls the trigger.

Tee

Probably bc he meant to shoot her... he plotted it, then he did it but then he freaked and said it was an accident... Sounds fishy to me.
You could try visiting the court house or looking up other murder cases in general until you find one similair enough to base a judgment, It may take a while though, Good luck, hun.

DANBOSPD

Premeditated is the key to homicide in Illinois. The problem is that this may be hard to prove - you may find it reduced to involuntary manslaughter in court - but the depends on the county and it's case load burden.

zaphod73@att.net

Illinois does not recognize "degrees" of murder.

Kevin

First off, who knows he plotted to kill the woman?
If the woman was in his house at night, she trespassed.

Barney

my toes is

itsjustme

1st degree murder in any State require premeditation.

J.Brown

A woman who has a history of mental illness and is on prozack gives birth to a child and seven day later ties her 3/ year old child up and puts a sock in her month and tapes up her mouth to keep her quite because the land lord don't want children in the building where they live. The child dies. IT THIS FIRST DEGREE MURDER OR INVOLUNTARY MAN SLAUGHTER?

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