First Degree Murder Penalties and Sentencing Free Essay Example, 750 words

In the defensive position, the case arguments should be concentrating on the fact that if Kim would have the intention to kill someone, then she would have restrained from calling the police on the day before the incident occurred. As per the trial evidence, it was observed that she was in front of her apartment but Michael Thomas was in the parking lot area. Michael Thomas was provoking Kim Johnson and trying to jump from the fence to enter the apartment after the police left the scene. She then ran towards the fence with a handed knife to scare Michael Johnson as a defensive action. However, it was accidentally that the knife got jabbed into Michael Johnson. The action of Kim was unintentional and with the objective to save her from the abuse she jabbed the knife towards Thomas (2Thomson Routers, 2014). Taking the example from the case of State vs Koedatich it can be argued that due to the lack of sufficient evidence, the State Court of Law decided that the judgment of sentenced to death would not be justifiable. We will write a custom essay sample on First Degree Murder Penalties and Sentencing or any topic specifically for you Only $17.96 $11.86/page Thus, it can be comprehended that Kim Johnson as per the US state law can be considered as not guilty. The alleged charges against her can be removed as her actions were justified under the felonies murder rule.