what is the difference between first degree and second degree murder?

Answer 1

Make It Look Like An Accident

Answer 2

It entirely depends on the state, and how those crimes are defined.

Here's a definition used by the majority of states, and what they test on the bar exam: 1st Degree murder occurs when there is :

the premeditated intent to kill; or the intent to kill or cause serious bodily harm using torture, ambush, bomb, or similar means that causes collateral damage; or when the murder acts with depraved indifference to human life (reckless disregard), using poison, bomb, or similar means that causes collateral damage.

1st Degree Felony Murder also occurs when death directly results from the commission of an inherently dangerous felony, such as violent rape, armed robbery, assault with a deadly weapon, etc.

Any murder that is not 1st degree murder is generally considered 2nd degree murder. Again, the actual statutory definitions vary by state, and the above is just what the bar exam in most states uses.

Answer 3

It depends on your state laws, but as a general rule, First degree is with premeditation, malice and fore thought. Meaning, you were made, you planned it, got what you needed to do it, and carried it out. Also, Police officers is considered a capitol offense.

Second degree is usually defined as in the heat of passion, or heat of the moment. If your dumb enough to commit a armed robbery, and on your way out, someone tries to John Wayne it and grab you, you shot, then the DA can charge you with 2nd degree murder. But it can go further, armed robbery, and 2nd degree will get y ou in a long stay and the local Hilton with vertical sun light

Answer 4

Manslaughter is frequently the backside point of culpability in killing somebody. Manslaughter is frequently unintentional, although with some degree of negligence, consisting of inebriated utilising. homicide shows some degree of reason to break or kill. 2nd degree frequently shows that the criminal replaced into engaged in criminality concerning a minimum of a level of violence such that a actual looking individual could know that somebody could get harm. regularly it rather is the reason that somebody does get harm, consisting of attack with reason to do grievous actual harm or attack with a perilous weapon. even however, the criminal does not rather mean to kill their sufferer, just to instruct them a lesson or scare them. Then, whilst the sufferer dies, they get charged with 2nd degree homicide because of the fact they did intend to do harm and thanks to that harm, the guy died. they have further a clean crime, noted as legal homicide the place if a individual dies because of the fact the end results of the cost of a legal, then the murderer could have usual that one in each of those consequence replaced into available and it is going down like first degree. First degree shows an reason to kill. it is the place we communicate approximately premeditated homicide. The criminal planned the action that resulted in the sufferer's loss of life. This brings the stiffest penalty because is a criminal offense that society won't be able to tolerate in any degree. homicide is a common term that covers all the crime categories, meaning merely guy killing. The hom- stands for guy and the -icide stands for kill.

Answer 5

Depends on the state. 1st degree usually involves some form of malice.

Answer 6

first degree is like a murder that you have already planed

Answer 7

Pre-meditation or reserved for cop killers, varies state to state for 1st degree.

Answer 8

Premeditation. 2nd degree- you have intent but did not plan ahead kill somebody. 1st degree- you planned to kill them

Answer 9

It depends

Answer 10

jail time