Second Degree Murder Doctrine in Nebraska, The

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Shugrue, Richard E.
Issue Date
1997
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Journal Article
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INTRODUCTION|The most volatile debate in Nebraska criminal law is whether malice is an essential element of second degree murder. A majority of the Nebraska Supreme Court has ruled that malice is required both in charging suspects and in instructions to the jury. An equally vocal minority has insisted that the majority is plainly wrong, that the legislature has defined second degree murder without requiring an element of malice, and that there is no unbroken chain of cases mandating the presence of that element. It is the charge to this writer to reach a "dispassionate" conclusion as to whether malice must be an element of second degree murder in Nebraska...
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30 Creighton L. Rev. 29 (1996-1997)
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Creighton University School of Law
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