To be convicted of first degree murder, it must be proven that someone killed someone with malice, that is, it was planned and premeditated. First degree murder is killing with malice, either intentionally and deliberately or recklessly, with the utmost disregard for human life. Premeditation can be shaped immediately and does not require a long period of contemplation. The death penalty is recognized in thirty-eight states. Capital murder or aggravated first-degree murder are classified as capital murders. Life imprisonment or the death penalty is the punishment that resulted in a conviction. In states that do not recognize the death penalty, aggravated murder is punishable by life imprisonment. When an aggravated or capital murder is committed in a heinous or monstrous manner, it is considered homicide (Lippman, 2006). Planning or deliberating is premeditation. Depending on the circumstances and the person, a certain amount of time must be required to plan and commit a murder (actus reas). There must be a sufficiently long period of time for the person to have the intention (mens rea) to kill for them to be fully aware of contemplating murder (Lectlaw, 2010). In California, first-degree murder includes "willful, deliberate, and premeditated murder," or that committed in the commission, or attempted commission, of certain crimes, which include burglary, but excludes misdemeanor of shoplifting (Cal. Penal Code S 189) (Lectlaw, 2010). The "mens rea" of first degree murder means that the person, with time and intent, planned or premeditated the murder . The “actus reas” of first degree murder is the actual act of committing the murder after planning it (Lippman, 2006)....... middle of document ......t I don't think not just the evidence presented. One conviction is enough to sentence any man or woman to death. This case was overly publicized on national television. Much like the Kobe Bryant trial rape case, there was far too much media involvement, resulting in the victim's name being leaked, causing the case to escalate from there. If the media had not been heavily involved, leading to pressure on the victim, controls, and threats, Kobe Bryant likely would have been convicted of rape, with the victim being a witness on the stand with her testimony . Make no mistake, a person convicted of murder, no matter how heinous the crime, deserves the death penalty, but only if there is "not a shadow of doubt." Concrete evidence, more real evidence, not circumstantial evidence, connects this person to the person. crime.