> This was a heinous crime that should have been prosecuted as first degree murder. this thinking lets people escape convictions that would've been a sure thin

> This was a heinous crime that should have been prosecuted as first degree murder. this thinking lets people escape convictions that would've been a sure thing if they were prosecuted for second degree. "first degree" doesn't just mean "we punish them more", there are specific requirements for it. and if the facts don't fit the requirements, the defense will explain that _very_ _clearly_ to the jury and you'll have a difficult time getting a conviction. juries are not as excited about handing out first degree murder convictions as you might think.