In Florida, first degree murders, those that are committed with premeditation, are designated a Capital Offense, the punishment for which is either the death penalty, or life imprisonment without the possibility of parole.
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In order to prove a second degree murder, the prosecution must show that the accused acted with a "depraved mind" with no regard for human life. Florida laws allow the prosecution of second degree murder when the killing lacked premeditation, but the defendant acted with hostility toward the victim. A second degree murder conviction does not require proof of the defendant's intent to kill as a prerequisite.
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