What's an example of 3rd degree murder?

Answer 1

killing someone in a car accident

Answer 2

MURDER, FIRST DEGREE - In order for someone to be found guilty of first degree murder the government must prove that the person killed another person; the person killed the other person with malice aforethought; and the killing was premeditated.

To kill with malice aforethought means to kill either deliberately and intentionally or recklessly with extreme disregard for human life.

MURDER, SECOND DEGREE - In order for someone to be found guilty of second degree murder the government must prove that the person killed another person; the person killed the other person with malice aforethought; and the killing was premeditated. Note that the elements are identical with those for 1st degree murder. The practical difference is the sentences are different. Which crime to charge is usually entirely up to the prosecutor¼s discretion.

Third Degree Murder is - A completely unintentional murder (Such as in a traffic accident) Also can be dropped to manslaughter.

MURDER BY LYING IN WAIT - To constitute murder by lying in wait there must be an intentional infliction upon the person killed of bodily harm involving a high degree of probability that it will result in death and which shows a wanton disregard for human life. The concept of lying in wait does not relieve the prosecution from the burden of proving that the defendant harbored malice aforethought .



MANSLAUGHTER - The unlawful killing of a human being without malice or premeditation, either express or implied; distinguished from murder, which requires malicious intent.

Answer 3

murder in the 3rd degree

* killing in the heat of passion (and all other kinds of murder...such as depraved heart or depraved mind [action reflecting a wanton or willful disregard of the likelihood that the natural tendency of the defendant's act is to cause death or great bodily harm] shall be in the 3rd degree)

Answer 4

Accidential or neglience homicide in most states. Different states have different definitions for homicide. A boating accident that kills someone could be 3rd degree murder.

Answer 5

Depends on the state. Texas only has murder, with no varying degrees. If it isn't murder, than is it manslaughter.

Answer 6

3rd degree murder is the same as death by severe negligence. Some call it involuntary manslaughter. Driving drunk and killing somebody is an example.

Answer 7

I'm am going to tell you what if you like killing someone you will be put in jail for a long time and when i mean along tin=me i mean a long time like to 25years or life so if you did something think you you should turn yourself in then you won't be in much trouble that you will get in as much they will try to look for you.

Answer 8

killing someone as a formv of self defense like if someone was tryin to murder u and u grabgbed their gun and killed them thats an example of 3rd degree murder. best answer please

Answer 9

murder, criminal homicide, usually distinguished from manslaughter by the element of malice aforethought.

The most direct case of malicious intent occurs when the killer is known to have adopted the deliberate intent to commit the homicidal act at some time before it is actually committed. Very often, however, the law presumes the existence of malice aforethought from the circumstances, and it does not necessarily have to be proved directly.

The most clear-cut case of this presumption of malice is when the killer inadvertently murders a person other than his intended victim. Here, malice is presumed if the killer intended to inflict serious bodily injury, or if he behaved with such reckless disregard of the safety of others as to betray a “depraved heart.” Likewise, a killing incidentally committed in the course of a felony (e.g., robbery or rape) is deemed murder; if the felony was accomplished by more than one person, all are equally guilty of the murder, not only the actual killer.

A murder that is incidental to a misdemeanor, however, is treated as manslaughter. Most US states prescribe various degrees of murder.

Murder in the first degree generally is a calculated act of slaying committed with malice aforethought, often requiring aggravated circumstances such as extreme brutality. It receives the severest penalty, often life imprisonment or capital punishment.

Second-degree murder is a homicide committed with malice, but without deliberation or premeditation.

Third Degree Murder is a homicide committed without malice (as in negligent motor vehicle operation) or in the “heat of passion” (as in a quarrel which escalates to violence) is generally considered manslaughter here in the UK.

In some US states, certain crimes that are defined as murder of a lower degree approximate more closely the definition of manslaughter in common UK law. In some cases, it is difficult to determine whether malice aforethought was present; consequently the governor of a state (or other chief executive) not infrequently uses his power of commutation of sentence to revoke the death penalty, and in some states the appellate courts automatically review all convictions of murder.

Thus the definition of murder has evolved over several centuries. Under most modern statutes in the United States, murder comes in four varieties: (1st) intentional murder, (2nd) a killing that resulted from the intent to do serious bodily injury, (3rd) a killing that resulted from a depraved heart or extreme recklessness, and (4th) murder committed by an accomplice during the commission of, attempt of, or flight from certain felonies.

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." - "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.

Some states, such as California, simply preserved the old distinction between two degrees and have no offense called third degree murder. They simply have "first-degree murder" (leading to life in prison) and "first-degree murder with special circumstances" (leading to death), while second-degree murder continues to be the default category.

Other states use the term "capital murder" for those offenses that merit death, and the term is often used even in states whose statutes do not include the term. As of 2006, 38 states and the federal government have laws allowing capital punishment for certain murders and related crimes (such as treason and terrorism). The penalty is rarely asked for and more rarely imposed, but it has generated tremendous public debate. See also capital punishment and capital punishment in the United States.

Answer 10

Shooting someone 3 times.