What is the punishment for second degree murder in Louisiana?

Answer 1

In Louisiana if you are charged with murder, the only difference between 1st and 2nd degree is that in a 1st degree charge the death penalty can apply. Because mandatory death sentences are also illegal you can also be sentenced to life without the possibility of parole. If you are sentenced for 2nd degree murder it is an automatic life without parole, however the death penalty can't be applied.

It is actually one of only two states that gives automatic life sentences both to 1st and 2nd degree murder, the other being Pennsylvania. Though in recent years Pennsylvania has opened a 3rd degree charge which means the person can't serve more than 40 years, in murder cases where abuse, intimidation, or emotions may have influenced the murder.

Louisiana is also the only state that doesn't even have a parole board for violent crimes. In Louisiana all inmates are expected to serve out their full sentence.

Interesting fact about the sentencing history of Louisiana is until 1971 inmates went by the 10-6 rule. Which means those sentenced to life would on average be out within 10 and a half years. The reason sentences were generally short in that time was for a few reasons, they didn't have money to keep everyone in prison for a long term, the USA still believed in rehabilitation, even though most countries today still do, and it made it easier to get a guilty plea early in trial, since if they didn't they would go to trial and there was a 50:50 chance of a death sentence being imposed.

Only 31 inmates in Louisiana have been incarcerated there before 1971 are still there. They are still parole eligible but only one is actually determined to leave, the rest pretty much gave up. 24 are there for murder related reasons, 6 for rape and 1 for armed robbery. The longest lifer still in Louisiana has been there since 1960 for armed robbery and accessory to murder.

Though in 1971 they were no longer taking more people for parole, the judges did not always follow sentencing guidelines at first either, many were given parole eligibility or were given a determinate sentence which means they'd be free upon the sentence being served whether the parole board agrees or not. However most doing life with parole or determinate sentences after 1971 on average have a sentence of 88 years.

It only has been in the last several years where judges were told they must now obey the guidelines and not give parole no matter how long in the future that may be.

Answer 2

§34.1. Second degree battery Second degree battery is a battery committed without the consent of the victim when the offender intentionally inflicts serious bodily injury. For purposes of this article, serious bodily injury means bodily injury which involves unconsciousness, extreme physical pain or protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty, or a substantial risk of death. Whoever commits the crime of second degree battery shall be fined not more than two thousand dollars or imprisoned, with or without hard labor, for not more than five years, or both. Acts 1978, No. 394, §1.

Answer 3

Although the public loosely uses the terms to mean the same thing - there is a WORLD of difference between JAIL and PRISON.

If the term of imprisonment is 15 years, it will be served in PRISON, whcih is where all felony sentences are served.

On the other hand, a JAIL is a local facility where persons awaiting trial are held, and persons are incarcerated to serve misdmeanor terms of LESS than one year.

Answer 4

death

Answer 5

What is it