Murder in Nebraska law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Nebraska.
The United States Centers for Disease Control and Prevention reported that in the year 2020, the state had a murder rate well below the median for the entire country.
"Nebraska mandates a two-tiered proportionality review of aggravated murder sentences; non-murder sentencing is left to a factors-based, subjective judicial process that is subject to review for abuse of discretion".
Nebraska law requires that the state supreme court "must review murder sentences for proportionality upon appeal". The court "is vested with the power to reduce any homicide sentence which it finds 'not to be consistent with' §§29-2521.01-29-2521.04, 29-2522, and 29-2524".
The 2021 case of State v. Golka, held that the 2010 United States Supreme Court decision in Graham v. Florida, addressing cruel and unusual punishments for minors, "does not apply to homicide cases. LWOP for juvenile convicted of first degree murder is not cruel and unusual punishment".
Penalties
| Offense | Mandatory sentencing |
|---|---|
| Second Degree Murder | Minimum of 20 years and maximum of life |
| First Degree Murder | Death Penalty if offender is previously convicted of a violent crime. If not, Life Without Parole which can be reviewed by Nebraska parole board |
References
- "National Center for Health Statistics: Homicide Mortality by State". Centers for Disease Control and Prevention. February 16, 2021. Retrieved September 24, 2021.
- ^ "NACDL - Excessive Sentencing Project - Nebraska". NACDL - National Association of Criminal Defense Lawyers.
- Neb. Rev. St. §29-2521.02.
- Neb. Rev. St. §29-2521.03
- 281 Neb. 360, 796 N.W.2d 198 (April 22, 2011).
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