05-11-2011, 03:28 PM
If conspiring to rob someone and then committing murder in the commission of your crime is second degree murder then something is wrong with the law or its interpretation. Perhaps the prosecutor could charge them with kidnapping and murder in the commission of a felony and raise it to murder 1 with aggravating circumstances warranting the death penalty or life without parole.
New Hampshire Law
630:1 Capital Murder. –
I. A person is guilty of capital murder if he knowingly causes the death of:
(a) A law enforcement officer or a judicial officer acting in the line of duty or when the death is caused as a consequence of or in retaliation for such person's actions in the line of duty;
(b) Another before, after, while engaged in the commission of, or while attempting to commit kidnapping as that offense is defined in RSA 633:1;
New Hampshire Law
630:1 Capital Murder. –
I. A person is guilty of capital murder if he knowingly causes the death of:
(a) A law enforcement officer or a judicial officer acting in the line of duty or when the death is caused as a consequence of or in retaliation for such person's actions in the line of duty;
(b) Another before, after, while engaged in the commission of, or while attempting to commit kidnapping as that offense is defined in RSA 633:1;