2006-09-28 14:48:25 · 8 answers · asked by jazz 1 in Politics & Government ➔ Law Enforcement & Police
First degree is premeditated (planned). Second degree is done on the spur of the moment with no prior planning.
2006-09-28 14:59:19 · answer #1 · answered by lcmcpa 7 · 0⤊ 0⤋
These are all generalities:
1st degree is murder with planned intent - aka premeditated. It is also 1st degree murder in many states if the death happened as a result of a different violent felony (rape, arson, burglary, etc.) -- that's called a "felony murder rule".
2nd degree is also intent, but not planned intent nor done in the heat of the moment (that would be "voluntary manslaughter" -- if it would be reasonable that the situation would cause an ordinary person to become so disturbed as to suddenly turn to murder). 2nd degree wasn't planned out ahead of time, but it was a murder nonetheless, the killer committed the crime without being provoked by the circumstances.
So 2nd degree is kind of a fine line between 1st & voluntary manslaughter,
These are all different from involuntary manslaughter, which is when the death is unintended. "Criminally negligent homicide" is also what this can be called.
2006-09-28 22:07:21 · answer #2 · answered by Lisa G 3 · 0⤊ 0⤋
1st degree murger is premeditated murder...meaning it was planned. 2nd degree murder is more random I think. Like if someone just walks up to someone on a street to rob them and they kill them in the process, that would be 2nd degree murder.
2006-09-28 21:57:37 · answer #3 · answered by Anonymous · 0⤊ 0⤋
1st is committed with the absolute intent on killing someone, without immediate provocation to do so. 2nd is when you kill someone, but it was done "in the heat of the moment". Examples: 1st would be if you walked up to an ex lover on the street and shot him/her squarely in the head.
2nd would be if you saw your ex on the street, and the two of you starting arguing, and your ex started to reach into their back pocket, and you panicked, pulled your gun on them, and shot them dead in the chest. Come to find out, they were getting something out of their pocket that WASN'T a weapon, but because you were in the midst of a heated argument, you got nervous and shot them. Hindsight would show you did it without a good reason, but due to the circumstances that were happening at that very moment (an argument) you overreacted, and shot the person.
There are lots of variations on 2nd degree murder, and in most states, there is a HUGE gap in the sentencing for 1st degree & 2nd degree. 1st is usually life in prison, and the judge will determine if it will be with or without the possibility of parole. 2nd degree varies a lot, but in some states, I've heard it's as low as 10 years, and you can become eligible for parole in 3 years.
2006-09-28 22:06:15 · answer #4 · answered by dgindiansfan 4 · 1⤊ 0⤋
First degree murder hs been proven to be deliberate and intentional.
2006-09-28 21:56:19 · answer #5 · answered by Tyger 2 · 1⤊ 0⤋
My understanding is that is all about intent, if you go out intending to kill a person and you do it, thats 1st degree. If you go out intending to kill someone, and you kill someone else , thats 2nd degree
2006-09-28 21:59:03 · answer #6 · answered by Anonymous · 0⤊ 0⤋
If you walk up to someone & shoot them dead, that's 1st-degree murder. If you shoot them so that they're just kind of dead, that's 2nd-degree.
2006-09-28 21:56:11 · answer #7 · answered by Anonymous · 0⤊ 0⤋
don't quote me but i believe it is the amount of times you've murdered
2006-09-28 21:53:07 · answer #8 · answered by Eric B 3 · 0⤊ 0⤋