What is first-degree murder and what is second -degree murder?
Also what is the difference between the two of it?
2006-11-07 03:47:16 · 11 answers · asked by becca . 4 in Politics & Government ➔ Law Enforcement & Police
The level of intent and planning behind the act.
Example: A man hates his wife. He goes out and buys rat poison, fixes her a cup of coffee and puts the poison in it and makes sure she drinks it, causing her death. First-degree murder.
A man catches his wife in bed with another man. He grabs his gun out of the dresser and shoots them both in the heat of the moment. Second-degree murder, since he hadn't planned on killing people, but the circumstances contributed to the killing.
2006-11-07 03:50:34 · answer #1 · answered by kingstubborn 6 · 3⤊ 0⤋
Although murder is murder no matter how you look at it, there should be a vary in sentencing over how the murder took place. If you planned to kill someone and you did, then the penalty for doing so should be more severe. If you murdered someone out of the heat of the moment, the cheating wife scenario works best here, then the penalty carries still a stiff, but lighter sentence. I mean we're talking about life sentence/death penalty vs. 15-25 years here. I think both penalities are justified and those that say murder is murder would be the first to plea for a reduced sentence if you committed second degree murder.
2006-11-07 11:59:27 · answer #2 · answered by Anonymous · 1⤊ 0⤋
Under the United States Code there is Murder in the first degree and Murder in the second degree. Murder is the unlawful killing of a human being with malice aforethought. Every murder perpetrated by poison, lying in wait, or any other kind of willful, deliberate, malicious, and premeditated killing; or committed in the perpetration of, or attempt to perpetrate, any arson, escape, murder, kidnapping, treason, espionage, sabotage, aggravated sexual abuse or sexual abuse, child abuse, burglary, or robbery; or perpetrated as part of a pattern or practice of assault or torture against a child or children; or perpetrated from a premeditated design unlawfully and maliciously to effect the death of any human being other than him who is killed, is murder in the first degree. Any other murder is murder in the second degree.
That's the federal law. States may vary a bit but it's usually about the same.
2006-11-07 11:57:30 · answer #3 · answered by Judge Dredd 5 · 2⤊ 0⤋
The different degree imply the intent. One kind means you planed it out before hand, and then carried it out. Another is when you suddenly decide to murder. And another is were you weren't trying to murder, but you did something that directly resulted in a death.
I'm not sure which is which, but I think the order I described is first, second, and third degree respectively.
2006-11-07 11:51:01 · answer #4 · answered by Take it from Toby 7 · 2⤊ 0⤋
The difference between first and second degree murder is the element of premeditation, United States v. Quintero, 21 F.3d 885, 890 (9th Cir. 1994).
2006-11-07 11:53:27 · answer #5 · answered by Zelda 6 · 2⤊ 0⤋
It has to do with premeditation. Did a person plan on murdering someone? What were the circumstances? That's why there are different degrees. But, I agree, it's stupid. You're right. Murder is murder.
2006-11-07 11:50:34 · answer #6 · answered by Anonymous · 2⤊ 1⤋
First degree Murder - the offender has SPECIFIC intent to kill while:
-engaged in certain severe Felonies
-the victim is a fireman or police officer performing his official duties
-intends to kill more than one person
-contract killing
-victim is under 12 or over 65
-offender is involved in a drug sale or buy
Second Degree Murder - when the offender has SPECIFIC intent to kill, but does not fall under criteria of first degree, OR:
-while engage in certain felonies less severe than for first degree
whether or not he has intent to kill
-offender invilved in cruelty to juveniles whether or not he has
intent to kill
-when the offender distributes drugs that are the direct cause of
death to the individual that consumes the drug
Manslaughter - A murder committed in sudden passion or heat of blood immediately caused by provocation sufficient to deprive an average person of his self control.
These are the basic differences between homicides under Louisiana State Law.
2006-11-07 14:45:27 · answer #7 · answered by spartan 2 · 0⤊ 0⤋
First degree intentional homicide is murder that is pre-meditated, that is, thought out in advance. Second degree murder is murder committed in the "heat of the moment", like during a passionate argument, but it is not murder planned out in advance, in fact, it is not planned at all.
2006-11-07 11:49:43 · answer #8 · answered by Paul H 6 · 2⤊ 1⤋
To the dead person, NONE. To the law, first degree murder is premeditated. Second degree is not premeditated, buy resulted from spontaneous actions like rage, jealousy, etc.
2006-11-07 11:54:11 · answer #9 · answered by WC 7 · 2⤊ 0⤋
1st degree was planned and set out. The person knew what they were going to do and did it.
2nd is the opposite. It may have been an accident or was unplanned. The person was not aware it was going to happen, but they did do it and they realized that the other person lost their life.
2006-11-07 11:55:59 · answer #10 · answered by wyatt_bellis 3 · 2⤊ 0⤋