What's a good example of a 1st and 2nd degree murder? I don't understand the difference.?

Answer 1

Actually some of these people do not know what they are talking about because you should look up the Henderson v.Morgan case. He pleaded to 2nd degree murder but did not know that intent to commit murder was an element of 2nd degree murder. Most of the time, first degree murder is premeditated.

Degrees of murder
Before the famous case of Furman v. Georgia in 1972, most states distinguished two degrees of murder. While the rules differed by state, a reasonably common scheme was that of Pennsylvania, passed in 1794: "Murder which shall be perpetrated by means of poison, or by lying in wait, or by any other kind of wilful, deliberate, and premeditated killing, or which shall be committed in the perpetration or attempt to perpetrate, any arson, rape, robbery, or burglary, shall be deemed murder of the first degree; and all other kinds of murder shall be deemed murder of the second degree."[10] "Murder one", as the term was popularized by novels and television, carried a penalty of death, or life in prison, while the penalty for "murder two" was generally around 20 years in prison. After the Supreme Court placed new requirements on the imposition of the death penalty, most states adopted one of two schemes. In both, third degree murder became the catch-all, while first degree murder was split. The difference was whether some or all first degree murders should be eligible for the most serious penalty (generally death, but sometimes life in prison without the possibility of parole.).

The first scheme, used by Pennsylvania among other states:
First Degree Murder: All premeditated murders, and (in some states) murders involving certain especially dangerous felonies, such as arson or rape, or committed by an inmate serving a life sentence.
Second Degree Murder: Any felony murder not a first degree murder.
Third Degree Murder: All other murder.
The second scheme, used by New York among other states, as well as the Model Penal Code:
First Degree Murder: Murder involving special circumstances, such as murder of a police officer, judge, fireman or witness to a crime; multiple murders; and torture or especially heinous murders. Note that a "regular" premeditated murder, absent such special circumstances, is not a first-degree murder; murders by poison or "lying in wait" are not per se first-degree murders.
Second Degree Murder: Any premeditated murder or felony murder that does not involve special circumstances.

Answer 2

Lots of different crimes in ending a death.

1st Degree Murder is premeditated and you intend to kill them and do it.
2nd Degree Murder isn't planned ahead of time, but you reasonably know that what you are doing is going to kill them.
Voluntary Manslaughter is killing someone through negligence or some other way that a rational person would know could kill them.
Involuntary Manslaughter is killing someone, usually accidentally through negligence but they don't have to prove you knew what you were doing might kill them.
You can toss in vehicular and other manslaughter charges for drunk driving and other crimes too.

Even if a person is acquitted of the crime of murder or manslaughter, they can still be held financially liable through a wrongful death case. It takes all 12 jurors to convict a person of a crime, but only a majority (7 of 12 or more) to find against them in a wrongful death suit.

Answer 3

Different states, have different systems. In Texas we have Capital Murder, Murder, Manslaughter, and Criminal Negligent Homicide. All have different punishments. Murder = 1st Degree Felony (Life or 5 to 99 years in prison) Capital Murder = Capital Felony (Death or life inprisonment) Manslaughter = 2nd Degree Felony (2 to 20 years in prison) Criminal Negligent Homicide = State Jail Felony (180 days to 2 years) Murder must be intentionally and knowingly Capital Murder is Murder except it depends who died, or where it was committed. Possible cases: Police officer or firefighter dies, during the commission of another crime, during an escape, a person younger than 6, or while in jail. Manslaughter is reckless Criminal Negligent Homicide is done with criminal negligence.

Answer 4

1st degree murder is planned or in the commission of a felony.
So if you make arrangements to kill or you are robbing a bank and kill someone.
2nd degree is when you murder in the spur of the moment, without planning. Maybe you get in a bar fight and kill the other guy.

Answer 5

First degree murder is premeditated - thought up in advance. Second degree murder usually occurs in the heat of passion - like during an argument, or when a lover finds their lover cheating with somebody else.

Answer 6

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.

Answer 7

1st degree is premeditated, meaning you planned out the whole thing. 2nd degree means it happened in the heat of passion. It wasn't planned, thing just spun out of control.

Answer 8

1st degree murder is PLANNING to kill someone. You know,the typical murder mystery plot. Buying a gun, getting the victim drunk, taking them to a deserted road... and boom.

2nd degree murder is UNPLANNED death. You're driving a car 100 in a 30 zone... a little old lady walks out in front of you and 'boom'

Answer 9

1st---when you have planned out the whole thing.

2nd---when you kill someone without planning. like you was angry and killed the person. you didn't plan it, it just happened.

Answer 10

Just to correct what the first poster mentioned...in general cases of fatal accidents, that is manslaughter....