What is the difference in american law between Murder 1, Murder 2 and Manslaughter?

Question

It's obvious that some one is dead so no dumb replies. How is it decided what a person is tried for? And what is the difference between Murder 1 and Murder 2 if it is in a non-death penalty state?

By the way I'm just curious and not planning any thing!

I have been watching too much CSI and Law and Order.

Answer 1

Murder1: you planned it beforehand, you stalked your prey, you did it on purpose.
Murder2: you killed someone on purpose, but may not have been planned out. Crime of passion, etc..
Manslaughter: oops I killed someone due to extreme negligence.

Keep in mind that it is harder to prove 1st degree murder as opposed to 2nd degree murder. And 2nd degree murder is harder to prove than manslaughter. The primary difference is intent.

Answer 2

Answerer 1 is right. Laws vary from state to state, but First Degree Murder presumes premeditation. Manslaughter usually implies that the defendant did not mean to cause anyone's death, but that their actions did lead to the death of another person.

Prosecutors (District Attorneys, Assistant DAs) will look at the case they have and determine the toughest charge they want to try. The jury will be instructed which charges to consider after they have been presented with the evidence and the attorneys statements and arguments.

When I was on a sequestered first degree murder trial jury, we considered Murder 1 first. If we could not find guilty on Murder 1, we would have considered Murder 2. All of us knew she was guilty of the murder when we started deliberations. We spent our time on nuances of the law.

We were able to find premeditation because of certain child abuse laws recently passed in the state that enabled us to presume premeditation with medical evidence that the child had suffered over a long period of time. The difficult part of our deliberations for some of us was getting the meaning of "reasonable doubt" straight in our own heads.

Since we reached a unanimous verdict of guilty on First Degree Murder, we never needed to consider lesser charges. The prosecution had not elected to seek a death penalty in that case. The difference in the charges applied to the official sentence (life) and actual sentence the defendant will probably serve (about 20 years) and eligibility for parole.

Answer 3

MURDER, FIRST DEGREE - In order for someone to be found guilty of first degree murder the government must prove that the person killed another person; the person killed the other person with malice aforethought; and the killing was premeditated.

To kill with malice aforethought means to kill either deliberately and intentionally or recklessly with extreme disregard for human life.

Premeditation means with planning or deliberation. The amount of time needed for premeditation of a killing depends on the person and the circumstances. It must be long enough, after forming the intent to kill, for the killer to have been fully conscious of the intent and to have considered the killing.

MURDER, SECOND DEGREE - In order for someone to be found guilty of second degree murder the government must prove that the person killed another person; the person killed the other person with malice aforethought; and the killing was premeditated. Note that the elements are identical with those for 1st degree murder. The practical difference is the sentences are different. Which crime to charge is usually entirely up to the prosecutor¼s discretion.

MANSLAUGHTER - The unlawful killing of a human being without malice or premeditation, either express or implied; distinguished from murder, which requires malicious intent.

The distinctions between manslaughter and murder, consists in the following: In the former, though the act which occasions the death be unlawful, or likely to be attended with bodily mischief, yet the malice, either express or implied, which is the very essence of murder, is presumed to be wanting in manslaughter.

It also differs from murder in this, that there can be no accessaries before the fact, there having been no time for premeditation. Manslaugbter is voluntary, when it happens upon a sudden heat; or involuntary, when it takes place in the commission of some unlawful act.

The difference between Murder1 and Murder2 in a non-dealth penalty state lies with the opportunity for Parole for Murder2.

Answer 4

5 to 10

Answer 5

Murder 1 requires premeditation, means and a motive. Basically, you've been planning it for awhile and had a serious beef with the dead person. Your killing of him/her was very malicious. Sentence usually 25 - life

Murder 2 is a reduced sentence from Murder 1 or just a spur of the moment thing. Sentence usually 15 - 30

Answer 6

if you really need this information, you need to talk with an attorney as it is unlawful for a non attorney to give legal advice. if you are just curious the difference is:
murder 1 or murder in the first degree is the premeditated taking of a life (human) usually with aggravating factors such as murder for personal gain or benefit.
murder 2 or murder in the second degree is usually a "crime of passion" and not premeditated.
Depending on the specific state the difference in sentence may be the difference between life and life without the possibility of parole (murder 1) and 20 years to life in the case of murder 2- varies greatly and has legal quirks that vary from locale to locale, and as I noted if you really need the information, consult an attorney.

Answer 7

Murder 1: You planned it and you deffinatly mean to kill
Murder 2: Is man slaughter, it's defined as "in the heat of the moment" or a "hit and run" No Planning but the killing took place in anger.
Murder 3: The case is usually dismissed, it's a justifiable homicide that occurs when you are protecting someone elses life.

Answer 8

Murder 1 is planning to kill someone. Murder 2 is killing someone in the heat of the moment, like in a fight or a robbery or something. Manslaughter is killing someone either through neglegance or accident. There is no intent to kill in the case of manslaughter.

Answer 9

I think murder 1 is premeditated murder, murder 2 is killing in the heat of an argument (not planned) and manslaughter is accidental killing.

Answer 10

hello there is no Federal Law on murder, all murder laws are state laws and each have somewhat different rules as to what makes each. Also there are manslaughter laws for even less intent.

You would have to be specific as to what state you wish to know exactly what the laws are.