It is not even about questioning if bad things the victim had done to the killer in the past should affect the punishment. No, the victim could have had absolutely no guilt toward the killer and still killing that victim cannot bring a punishment more than what is allowed under second degree murder designation unless it was "premeditated".Even if one had lost his sense of justice, doesn't he wonder why did its application throughout history conflict with that? After all it is not like murder is something that was recently discovered as a result of development in technology.
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