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Murder is defined generally as culpable homicide where the person causing the death
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means to cause the death or means to cause bodily harm that he knows is likely to cause death and is reckless as to whether or not death ensues
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means to cause death to one person and, by accident or mistake causes the death of another person
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for an unlawful purpose, does anything that he knows or ought to know is likely to cause death, whether or not it was his intention to cause death (section 229).
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First degree murder is murder that is planned and deliberate (section 231(2)). Where a death occurs in the course of a sexual assault or criminal harassment, it is first degree murder whether or not the death was planned or deliberate (section 231 (5), (6)).
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Second degree murder is defined as "all murder that is not first degree murder" (section 231(2)).
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Manslaughter is defined as "culpable homicide that is not murder or infanticide" (section 234).
Here is the link!
http://www.owjn.org/info/murder.htm
2006-12-29 12:20:19
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answer #1
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answered by firefly 6
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Murder differs from manslaughter in that the courts have generally come to call manslaughter a crime of passion, where a person gets so upset or enraged before the tortious act that they can no longer distinguish between right and wrong. There must be one unbroken causal string for the defense to apply, which is to say there cant be what the law calls a cooling off period.
Now, murder on the other hand involves premeditation and planning, as well as absence of excuse or justification, such as self defense, or in some cases defense of a third party. There must also be malice aforethought, which is to say some motive for the attacker to want the victim dead.
The difference between the counts of murder 1 and 2 is simply that one involves malice aforethought and 2 doesnt. Now, you should note that a number of acts qualify as Murder 1 under the so called Special Circumstance Rule. Some of these acts include killing a police officer, killing anyone during the commission of a felony, a contract killing, use of an explosive device, and lying in wait. There is also the felony murder rule, which as above allows a defendant who killed someone during the commission of a felony to be tried without the showing of malice toward the victim.
2006-12-29 20:30:17
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answer #2
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answered by Jeffrey V 4
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Manslaughter: Also known as involuntary manslaughter. No criminal intent, an accident resulting in murder, such as a boxing match, resulting in severe brain damage to one of the competitors, resulting in death. Little to no time is served for.
Murder-1st Degree: Also known as premeditated murder, the murderer planned out the killing before going through with it, such as a hit on another human being.
Murder-2nd Degree: A spontaneous murder; little to no evidence of premeditation, like an argument between a married couple resulting in the husband strangling the wife out of rage. This, unlike premed, can be lowered to manslaughter, or on other cases, a not guilty verdict by reason of mental defect or insanity. However, both degrees of murder, if the convicted is charged with them, result in a maximum sentence of either life or the death penalty.
2006-12-29 21:07:08
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answer #3
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answered by Huey Freeman 5
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Manslaughter is when there is an accident like a car accident and someone dies then you could be charged with the death as Manslaughter cause it was an accident caused by you. Muder 1 is premedated murder You thought about killing you planned it and you carried it out. Murder 2 is when you just fly off the handle and kill someone with out planning it .
2006-12-29 20:21:10
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answer #4
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answered by nilafied 3
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Each state will define the laws under thier own statue, so exactly what muder 2 is in one state is not the same in another.
You can go to various law sites, ( your official state site perhaps) and look up each law as it is defined by your state
2006-12-29 23:45:07
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answer #5
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answered by Anonymous
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man to murder...intent. and murder 1 and 2 premeditation,
2006-12-29 20:20:20
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answer #6
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answered by jdryan123 2
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