 |
 |
|
| |
|
|
State v. Bingham
(1986)
Defendant: Bingham; the defendant raped and killed a woman. The woman's death was caused by strangulation which usually takes about 3 to 5 minutes. The prosecutor argued that the time it took for the victim to die establishes premeditation and the defendant was convicted with 1st degree murder.
Issue: Is stangulation which takes 3-5 minutes enough by itself to establish premeditation?
Holding: No
Legal Reasoning: The court ruled that just because a crime takes longer than a moment does not establish that the criminal has the time to reflect on his intent. The court stated that ruling in favor of the state would reduce the differences between 1st and 2nd degree murder charges. The court reversed the conviction and remanded the case.