What is the difference between Murder Manslaughter degree 1 degree 2 etc ?

Question

Just saw a news article where a man has confessed to manslaughter but not Murder ! what the heck is that supposed to mean ? The poor girl died !

Answer 1

It depends on the state, since laws vary by state.

Under most states, murder is homicide (killing of another person) done with malice. That means, either the specific intent to kill, the specific intent to cause serious bodily harm, or depraved indifference and reckless disregard for human life.

Manslaughter is a lesser form of homicide, usually where there is some partial excuse or justification. Heat of passion. Imperfect self-defense. Duress. Diminished mental capacity. Whatever.

Manslaughter usually carries a lesser charge than murder, because the mental state (the intent element) is not as bad. Because they didn't have the same intent to do cause the death, or because the death was unintentional, the penalty is less.

The degrees usually indicate other factors, such as how the death occured, what weapons (if any) were used, and so on. Specific laws vary by state.

Answer 2

Intent -

Murder (homicide) is a specific intent crime. The killer did something intentionally to cause the death of another..

---> Example: A man has known for months that his wife was cheating - he waits until he knows they are together, enters the bedroom and with one shot each he kills them.... It could be shown that this is murder...

Manslaughter is a general intent crime. The killer did something not meaning to cause death, but it did.

--> Example: A couple of gang members drive by the home of a rival member and begin shooting. The intended victim ducks behind a parked car and survives the attack, but the person beside him dies... this would probably be proven to be manslaughter...

Hope that helped...

Answer 3

manslaughter is where intent to do harm does not exist. (ie traffic accident, drunken driving)

Murder comes in varying "degrees"

1. pre-mediated - showing will intent to kill a person
2. un-premediated - spur of the moment (Crime of passion)

Answer 4

murder is where you planed to do harm to a person and kill them m1.manslaughter could be interpreted as a accident where someone is kill in some other type of act car accident etc.