DataNew Hampshire  

*These factors track the process--i.e. the effort and obstacles--for obtaining data from individual states under the Freedom of Information Act (FOIA) request and appeals process. These factors do not measure the quality of the data; only the process of attempting to obtain the data.

We resent our FOIA request on a biweekly basis and never received a response.

We sent an initial FOIA request to New Hampshire on February 8, 2023. They responded with, “I am writing to acknowledge receipt of your right to know request. The NHDOC will require approximately 30 days to respond to your request for information. If the information you require is available sooner, I will be sure to forward it to you.” We resent our FOIA request to them on a biweekly basis until May 4, 2023 and never received a response.

We never received a response from our initial FOIA request sent out on August 7, 2023.

"The NHDOC will require approximately 30 days to respond to your request for information." They never did respond despite months of effort.

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In New Hampshire, felony murder is defined in the first degree murder (NH Rev. Stat. Ann. § 630:1-a), second degree murder (NH Rev. Stat. Ann. § 630:1-b) and capital murder statutes (NH Rev. Stat. Ann. § 630:1).

Prosecutors can charge and convict any person of murder without having to prove that they intended to cause another person’s death. To prove second degree murder, prosecutors must show a death occurred “recklessly” during the the commission or attempted commission of another felony–i.e. “under circumstances manifesting extreme indifference to human life.” Under the capital and first degree murder statutes (distinguished only by the seriousness the underlying felonies they committed), prosecutors must prove that a person committed or attempted to commit a specified felony “when he is aware that it is practically certain that his conduct will cause” a person’s death. State v. Glenn, 486, 9 A.3d 161, 166 (2010).

A conviction for felony murder carries a sentence of life (second degree murder) or life without the possibility of parole (first degree murder).