1st you thought about and planed it or did it while committing another crime.
2nd you acted hastily with out much forethought.
2006-07-13 06:47:46
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answer #1
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answered by mike53153 3
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First degree murder is murder of intent, that is you intended to kill the person and planned the means to do it or directed someone else to do it. If you pay someone to commit the crime an additional charge of conspiracy to commit murder would be added.
Second degree murder would be more a crime of passion or that is you brought the means to kill, with no real intent to use it, but did anyway.
The various manslaughter's are usually based on mitigating circumstances as in the reason for the crime and the state of mind under which it occurred.
2006-07-13 06:53:03
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answer #2
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answered by Tom H 4
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I will answer your question in laymans terms.
1st degree homicide-You murdered someone and you intended to murder them.
2nd degree homicide-1st degree homicide with mitigating circumstanced (these are circumstances that make the homicide less evil). These circumstances may be adequate provocation (you were provoked to kill someone by an event, i.e. you kill someone because you found out they molested your child, it is still murder but less evil). Another circumstance could be imperfect self defense (someone violated your person or body and you used unreasonable force to deter that violation, i.e. a 200 pound man fatally beats a 15 year old for trying to grab his wallet).
In most states, 3rd degree homicide is considered 1st degree reckless homicide. There are generally two types of homicide, intentional homicide and reckless homicide. Intentional means just that, you intended to kill someone. Reckless means you showed utter disregard for human life (i.e. you throw a hand grenade into a movie theatre, while you didnt intent to kill a particular individual, you still showed utter disregard for human life.
In second degree reckless homicide, a person has sold, trafficked or assisted a person in the ingestion of drugs and those drugs have caused the death of the person taking them. This is referred to as the len bias law.
I hope this helps, i tried to explain them as simple as possible!
2006-07-13 07:07:10
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answer #3
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answered by Anonymous
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The specifics will vary by jurisdiction (state), but generally, 1st degree is premeditated and with malice, 2nd degree not premeditated. Manslaughter involves accident.
2006-07-13 06:49:01
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answer #4
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answered by jurydoc 7
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murder is murder plain and simple, whether it was an accident or not.
2006-07-13 07:23:38
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answer #5
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answered by Prince W 2
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