into account. The court held that whether such issues should be considered, to where distinctions would be made in sentencing between different kinds of wrongdoers, is a matter for the legislature. Judge Glickstein concurred with the majority, but expressed some concern about the suggestion in varied sentences according to the kind of wrongdoer. There should be no distinctions because the victims are dead either way. He argues that if the act was deliberate, there should be no change in the length of the minimum sentence. Roswell Gilbert served five years in prison before being granted clemency in 1990 by Florida Governor Bob Martinez. He died in September 1994 and the New York Times obituary reported him as saying he came to regret killing his wife. Gilbert was played by actor Robert Young in the 1987 television movie Mercy Or Murder. Legal Significance A crucial element to first-degree murder is premeditation. This case illustrates how good intentions do not negate the premeditation requirement. References Florida state case law 1986 in United States case law 1986 in Florida United States murder case law