1. D and V get into a heated argument. During the argument, D picks up a large piece of wood and strikes V in the face. V is seriously injured and is taken to the hospital. D is arrested and charged with aggravated assault. After three days in intensive care, V dies from his injuries.The prosecutor now charging D with first-degree murder, which is punishable by death. Based upon the lecture and cases, under what theory is the prosecutor trying to be successful for first-degree murder? What would be the result under the "traditional rule" and what would be the result under the "limitation"? Explain your answer fully. Hint: This question is NOT asking about premeditation or deliberation.

2. What were the facts (briefly), issue in the case and holding by the Court in Tison v. Arizona?