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It differs from place to place, but the premise is the same. (In places like England, they don't do degrees of homicide, although they may be introducing it in the coming months.) The main determiner in degrees is how much malicious intent motivated the action.

First degree is the most serious, because it indicates that a person calmly decided to kill another person, decided how to do it, and carried out their murderous plan. These are your intentional murders, especially where the killer lies in wait or plots to kill. These are typically the capital form of homicide (viz., they can result in the death penalty).

Second degree homicide is less intentional, but it is intentional nonetheless. These can include unforeseen brawls where someone pulls a weapon, where a spouse comes home to find their partner being unfaithful, or where an ordinarily peaceful person is provoked to suddenly lash out.

Third degree homicide usually includes killing that is basically unintentional but that is so negligent that society punishes it. This could include something like a driver who speeds recklessly, loses control, and kills someone else on the roadway; the driver did not intend to kill anyone and probably did not even know the victim, but he was intentionally neglecting laws that are meant to keep people safe on the roadways and caused a death through that law-breaking negligence.

Some states break down the degrees a little further. Most states also make a distinction between homicide, which is more intentional, and manslaughter, in which there is less proof of malicious intention. I hope this helps.

2006-08-25 13:02:17 · answer #1 · answered by Anonymous · 6 0

Types Of Murders

2016-10-05 01:55:31 · answer #2 · answered by ? 4 · 0 0

Dapixelator got it right, essentially, in the narrower, legal sense, except to clarify that murder is a crime in all fifty states and most countries, and most of the fifty states' criminal codes are similar, but there will be differences if you look for them. You can usually find "Code Of (name your state)" in any well-equipped public library; it'll be dozens of hardcover volumes found in the reference area, like an encyclopedia. Some states have a 3rd degree murder definition that is separate from negligent homicide. Some states call the latter, "manslaughter," a semantic twist. Then there are the specific statutes pertaining to unborn children, when the death of one is attributable to either negligence or a willful act of someone. Then there's suicide. If someone doesn't succeed they're guilty of that. The criminality of it stems from the emotional mess created for those left behind. Attempts to commit crimes are usually prosecuted as "inchoate" offenses, meaning that the attempter can possibly be held every bit as guilty as if he or she had gone ahead and done it. The Lord said, if you hate someone you're guilty of murder. Man looks on the outward appearance, but He looks on the heart. Think of it....getting someone fired from their employer by way of harassment, suing a wife or a husband for divorce, getting a child's parent's custody or parental rights taken away, getting a church member put out of the local church, any sort of getting someone's rights or privileges wrongfully cancelled, suspended, revoked, etc., anything whereby someone would willfully snuff out another's "life," so to speak, it's murder in the true, broader definition.

2006-08-25 13:22:44 · answer #3 · answered by JackN 3 · 2 0

This Site Might Help You.

RE:
What are the different types of murder and what are their differences?

2015-08-18 22:52:46 · answer #4 · answered by Anonymous · 0 0

It entirely depends on the state (or country), and how the statutes are defined. But here are the common law definitions taught in law school and tested on most bar exams:

Homicide is the killing of another person. Murder is either homicide committed with malice, or homicide that occurs during the commission of a dangerous felony (arson, rape, aggravated battery, robbery, etc.)

Malice-murder can occur in one of three ways, and is 2nd degree murder unless aggravating factors upgrade it to 1st degree.

Malice can be found with specific intent to kill, and 1st degree is either premeditated murder or murder committed using torture, poison, ambush, assassination, bomb or other inherently uncontrollable means.

Malice can be found with specific intent to cause serious bodily harm. 1st degree murder with this intent comes from use of torture, poison, ambush, etc. (same as above).

Finally, malice can be found where there is gross recklessness and depraved indifference for human life. This requires only a general intent to recklessly perform the action, with conscious disregard for the risks to human life, rather than the intent to kill or cause harm. Again, 1st degree murder requires use of torture, poison, etc. (as above).

Felony-murder occurs when the homicide occurs during the commission of a dangerous felony, regardless of the intent involved with the killing itself. The malice or intent sufficient for the underlying dangerous felony is transferred (imputed) to the murder.

Voluntary manslaughter is a downgrade of murder, based on an imperfect defense (duress, necessity) or heat of passion.

Again, actual laws vary by state. And the Model Penal Code has its own separate definitions.

2006-08-25 13:05:44 · answer #5 · answered by coragryph 7 · 2 0

Parricide - killing a direct relative
Infanticide - killing an infant
Murder - killing a person with treachery and evident premeditation
Suicide - killing one's self

2006-08-25 13:25:54 · answer #6 · answered by FRAGINAL, JTM 7 · 4 1

Let's see if I get this right--- I'm no lawyer.

1st Degree - Premeditation -- you planned to kill somebody
2nd Degree - You killed somebody willfully but didn't plan to do it (e.g. crime of passion)
Manslaughter - you accidently killed somebody
Negligent Homicide - you killed somebody but becuase you were an idiot. By action or inaction you allowed somebody else to get killed.
I forgot one-- Justified Homocide. -- you killed somebody in self defense.

2006-08-25 12:57:27 · answer #7 · answered by dapixelator 6 · 7 0

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