What specifically determines 1st 2nd and 3rd degree murder?

Question

What specifically defines the different levels or degrees of murder, how are they determined and defined. What is first and second third degree murder? Also what is the minimum and maximum penalty for each?

Answer 1

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Murder: First Degree
In most states, first-degree murder is defined as an unlawful killing that is both willful and premeditated, meaning that it was committed after planning or “lying in wait” for the victim.

For example, Dan comes home to find his wife in bed with Victor. Three days later, Dan waits behind a tree near Victor’s front door. When Victor comes out of the house, Dan shoots and kills him.

Most states also adhere to a legal concept known as the “felony murder rule,” under which a person commits first-degree murder if any death (even an accidental one) results from the commission of certain violent felonies — usually arson, burglary, kidnapping, rape, and robbery.

For example, Dan and Connie rob Victor’s liquor store, but as they are fleeing, Victor shoots and kills Dan. Under the felony murder rule, Connie can be charged with first-degree murder for Dan’s death.

Murder: Second degree
Second-degree murder is ordinarily defined as 1) an intentional killing that is not premeditated or planned, nor committed in a reasonable “heat of passion” or 2) a killing caused by dangerous conduct and the offender’s obvious lack of concern for human life. Second-degree murder may best be viewed as the middle ground between first-degree murder and voluntary manslaughter.

For example, Dan comes home to find his wife in bed with Victor. At a stoplight the next day, Dan sees Victor riding in the passenger seat of a nearby car. Dan pulls out a gun and fires three shots into the car, missing Victor but killing the driver of the car.

Answer 2

First Degree is planned or done in a way that is very gross, or something was stolen, or (also government, police) First Degree could be life or death.

Second Degree is when you get mad and it just happens. It also includes DUI most of the time, sometimes they are charged with 1st because it shows intent and it gets dropped down. Depending on the crime is the time.

Third Degree would be a total accident, slipped while hunting and shot Uncle John. The time also would depend on the crime.

Each state is different.

Answer 3

diverse states, have diverse systems. In Texas we've Capital homicide, homicide, Manslaughter, and criminal Negligent homicide. All have diverse punishments. homicide = 1st degree criminal (existence or 5 to ninety 9 years in penal complex) Capital homicide = Capital criminal (demise or existence inprisonment) Manslaughter = 2d degree criminal (2 to 2 many years in penal complex) criminal Negligent homicide = State penal complex criminal (one hundred eighty days to 2 years) homicide would desire to be intentionally and knowingly Capital homicide is homicide different than it relies upon who died, or the place it grow to be committed. a threat situations: Police officer or firefighter dies, during the value of yet another crime, in the time of an get away, a guy or woman youthful than 6, or at the same time as in penal complex. Manslaughter is reckless criminal Negligent homicide is accomplished with criminal negligence.

Answer 4

1st - Premediatated
2nd - Crime of Passion
3rd - Oops did I do that.