The Tell-Tale Heart… Guilty or not guilty? You be the judge!

Most states in America categorize the murder of someone by a certain degree. For
example, some murders are considered a “crime of passion”, while others are
meticulously and maliciously planned. Sometimes a person can even be killed entirely
by accident. Each degree carries a different level of punishment and therefore each
murder case is carefully considered in a courtroom in order to determine what
punishment the accused killer should receive…if any.

Research the following terms about the general law and record your findings. Make
sure to tell me how long people usually get sentenced for. Please include cited
evidence and be sure to find reputable sources for your information:

First Degree Murder: First degree murder law states that the intention of killing
someone is considered a murder,usually first degree murder is done with
planning.First degree murder is considered one of the most earnest of all homicide
offenses.The two types of first degree murder is premediated intent to kill and felony
murder. The premeditated intent to kill means that the defendant planned everything
or was waiting for the perfect timing to committee the crime. The felony murder
means someone tried to kill someone but the other person ends up dying instead of
them. Some of the felony murder crimes are rape, robbery, kidnapping and many such
other cases. The attempt to first degree murder means that the person wanted to kill
someone but somehow failed.
The requirements for first degree murder : Every state might have a different
requirement for someone to be considered to be a first degree murder but mostly the
pedal codes asks the prosecutors to give reasons that the murderer is falsely accused.
The defense may attack precisely on these first:
Police- whether they collected all the evidence from the crime scene or not, whether
they went through proper protocol of searching,why some of the evidence was tested
and why not all of them
DNA evidence- did someone contaminated the evidence, what was the strategy/way
the prosecution used.
Fingerprints- were the fingerprints safeguard properly, were the fingerprints changed
First degree murder sentence- first degree murder sentence often has one of the
cruelist and longest punishments. In many states, the sentences may include life
imprisonment and death penalty. Criminals with such sentences won’t get parole.
Some murders may even say that murder wasnt actually planned but was self defense.
They do so to escape from penalties. Some might get charged with aggravating factors
which may include that the defendant has already committed the crime once or twice
before, rape, or if the victim was a judge or police officer or like a government officer.
Sentence for attempt to first degree murder is the defendant would get imprisonmen
from 7 to 21 years
Evidence: eye witness reports
DNA
Camera footage etc

Second- Degree Murder: Second degree murder is when the murder committed was
intentional and not an accident or in simple words, murder that was done with
malicious intent and not premeditated. Second degree murder can also be looked as all
the cases that couldn’t qualify as first degree murder.
Second degree murder defense- The most common defense that the defendants do is
that they didnt perpetrate the crime. This may include challenging the prosecution's
evidence or by having an alibi. The defendant may plead insanity but it depends on
whether the court allows it or not. The defense that has to be extremely precise is
when the defendants say that the crime committed was in self defense.
Second degree sentences and penalties- since second degree murder is lesser crime
than first degree murder, hardly any case would get the murder with death penalty.
Most criminals end up having long life imprisonment. The sentencing usually depends
on where and how the crime was committed.

Third-Degree Murder: Third degree murder means that the murder wasn’t
intentional and it occurred with malice but was not premeditated. The idea of third
degree murder exists only in 3 states: Minnesota, Pennsylvania and florida, all the
other states have second degree murder or manslaughter instead of third degree
murder. If you are seen giving or selling drugs and then if that person dies then that is
considered as third degree murder. The elements for third degree murder is: intent to
harm and no premediation.
Third degree murder defense- the defense can say that they were they didn’t do it,
saying that the murder happened when they were trying to save someone else or
maybe it was self-defense, by going for insanity or saying it was an exercise of duty
which means that their action was a course of duty and the death was not a result of
negligence or illegal intent.
Third degree murder penalties- this degree of murder gives the longest
imprisonment or sentenes but the rules may vary in different states. In Pennsylvania,
the murders gets a really long prison time that is 20-40 years. You might also get
minimum 4 year jail if a firearm was involved. You'll get fined with $40,000 and 25
years imprisonment if it was in Minnesota and you'll get $10,000 fine and 15 years of
imprisonment if it was in Florida.

Voluntary Manslaughter vs. involuntary manslaughter:

voluntary manslaughter: is a form of homicide. It's the crime which involves killing
someone in anger or it is termed as “heat of passion”. It is also considered intentional
killing in which the offender had no prior intention to kill the person.
Arguments:The defendant cannot say that the person or victim’s action provoked him
and thus he ended up killing him in heat of moment, the defendant can also say that
the victim tried to kill him/her and thus then ended up killing him but they need solid
evidence to prove what they are saying is true and that it did happen.
Defense: the defense for this type of homicide case is similar to every other case. They
might say/claim that their actions were justified or would just say that it was self
defense. They last thing the defense does to favor themselves is arguing with plaintiffs
that this is not considered voluntary manslaughtering,
Voluntary manslaughter punishments/sentences: the sentencing period may vary
from state to state but the minimum time period is 10 years. Also the level of sentences
also depends on the crime, like how the murder happened.

Involuntary manslaughter: it is also a form of homicide. It's an unintentional killing of

a person. The person who tried to attack didn’t want to kill that person. Involuntary
manslaughter might happen from criminal negligence, recklessness or misdemeanor.
The criminal negligence, recklessness happens when the person carelessly murders
the person. Misdemeanor means that the results from involuntary manslaughter
occurred from a low level felony.
Defense: the defendant might say that his actions didn't kill the person or might say
that they are falsely accused. They might even attack the police saying the police
accused innocent person of murder just because they were in hurry to close the case.
Involuntary manslaughter punishments/sentences: the person might get
imprisonment for 1 to 6 years but other states may give additional sentences.

Plea by Insanity: it means that the defendant claimed that they are mentally sick and
not in the right position to commit such a crime.
Defense:It is considered the last option for defendants, they plead for insanity so that
they can escape from punishments or life imprisonments or even death penalties. The
defendants have to go through a couple of tests before they plea for insanity.
Plea by insanity punishments/sentences: the defendants who were found not guilty
have a really low chance of being free but they are instead put in a mental health care
center, if they are found guilty then they are put in prison.

When it comes to a trial, in some states, a defendant can waive their right to a jury.
This means that instead of having a jury of 12 people make the unanimous decision
“guilty” or “not guilty”, they choose for their case to be heard by the judge alone. The
judge would then make the final decision and decide the defendant’s sentencing.

Using the information you’ve discovered and specific details from the story, “The
Tell-Tale Heart”, be the judge in the case against the narrator. Answer the following
questions to determine your decision. Provide evidence from the text to support your
statements.

1. What evidence is there that the narrator suffered from psychological

problems?
The evidence suggests that the narrator suffered from disorganized schizophrenia. It's
seen that the narrator looks at things from different points of view. He kept hearing his
own heartbeat after the murder but he thought it was the old mans and is seen thinking
how a death persons heart can beat. He thinks that the police are mocking him and thus
all the thoughts take over his mind.

2. Did the narrator have a motive? Give evidence.

The narrator had an issue with the old man having a vulture eye. In the 4th paragraph,
it states that the narrator went into the old man's room every night and saw him sleep.
The tell tale heart mentions “i made up my mind to take the life of this old man”

3. Was the murder premeditated? How do you know?

Yes because premeditated murder means that murder was planned and executed, and i
know it is because it is mentioned that the narrator planned on killing the old man.

4. Was the narrator aware of his actions?

The narrator is not aware of his actions, it is seen that he's mentally imprepared.

5. What degree of murder would you classify this case as? Why?

I would quality this as first degree murder because the murder was planned and
the narrator had prior intention of killing the old man.

6. State your final decision as the judge. Is the defendant guilty or not guilty?
What is the punishment for your verdict? If guilty: how long should he go to
prison for? Parole? Execution? If not guilty by plea of insanity/illness: how
long should he be institutionalized for? Can he be rehabilitated?

The defendant is guilty because it is seen in places that he's sane when he had to
hide the old man's dead body. He's found guilty and I would punish him with
imprisonment of 10 years.