In California (2008), second-degree murder is accompanied by a life sentence without the possibility of parole if the individual convicted of the crime has served a prior prison term for first- or second-degree murder. In the state of New York (2008), an individual convicted of second-degree murder is guilty of a Class-1 felony, and sentencing varies according to the nature of the crime, the status of the victim (e.g., a police officer, a witness to a crime), and variables related to the individual convicted of the crime.
The key difference in these two states is that California (2008) has a "three strikes and you're out" law for this and other felonies, whereas New York (2008) does not. Both states have harsh statements for individuals convicted for murdering a police officer or having committed murder in conjunction with a terrorist attack.
The rules of the two states with respect to first-degree murder are very similar in that both carry a mandatory life sentence, although New York does recognize the use of the death penalty for selected crimes. Both states also differentiate between manslaughter and murder and make reference to the use of destructive devices in the commission of a crime. California (2008) and New York (2008) also make reference to abortion as a form of murder if it is undertaken after the fetus becomes viable.
State of California. (2008). California Penal Code. Available
at http://caselaw.lp.findlaw.com/cacodes/pen/187-199.html.
State of New York. (2008). New York Penal Law. Available at
http://wings.buffalo.edu/law/bclc/web/NewYork/ny3(a)1-.htm.
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