what is the differents between first degree murder and second degree murder?

Question

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Answer 1

First degree murder--- when you intentionally or knowingly cause the death of another person. Intent is the big word.

Second degree murder--- 2 kinds- adequate cause (mutual affray) and sudden passsion with the paramour rule. Mutual affray is when there are 2 agressors,(2 men fighting and one gets stabbed). They are mad and fighting, one gets shot or stabbed and dies, it would be second degree. Sudden passion would be when a man or woman comes home and finds their spouse with another person, sudden passion sets in (so much anger can't control it) and she/he kills the lover. That would be sudden passion but if he left and came back later it wouldn't be sudden passion because of the time lapse. It also can be only husband/wife not live-in girlfriend/boyfriend (paramour rule)

Premeditation doesn't really have anything to do with it. It's the intention of killing and knowing you are going to cause bodily harm. You can go to someones house and burglarize and have no premeditation to kill someone, but you do anyway (hits the homeowner over the head with a lamp when he jumps out of the shadows)-- no premediation to kill only to burglarize---- FYI= In texas, this would be capital murder

Answer 2

First Degree Murder (also known is premeditated murder) is committed when premeditation (i.e., planning to kill someone) is done before the crime. This is the one that will get a person three hots and a cot for life in most States, and even a temporary room in a federal or State "Hilton" on Death Row in certain "selected" States.

Second Degree Murder (also known in some States as Manslaughter in the First Degree) is when a person is killed as a direct result of wreckless indifference (like drunk driving, wreckless driving, etc.) but is accidental (i.e., the person didn't plan to kill the other person but did so because their actions were wreckless in nature).

Answer 3

Second degree murder you are acting with grave indifference for human life, and are committing felony murder (i.e. killing out of hate not by accident). First degree murder requires some sort of premeditation before the actual murder. Murder for hire and other planned murders would be first degree murder. First degree murder you get life without the possibility of parole or the death penalty, while with second degree murder you get 20-25 to life, where you may get out on parole after 20 or 25 years.

Answer 4

First degree murder means that the murder was planned in advance and was premeditated. Second degree murder could be like murder in the heat of the moment. Both carry different punishments too.

Answer 5

First degree must be premeditated (planed out). Second would be on impulse alone. In court most prosecutors will try for a second degree charge even if the murder fulfills the requirements for first degree. It is much easier to get a conviction and the sentences are very similar

Answer 6

First degree murder usually involves pre-meditation or planning. Second Degree does not have that element...unless you accept a plea bargain.

Answer 7

No death penalty in 2nd degree..and possible parole...
1st degree Murder for Hire Murder with special circumstance
( racial of protected group specific...While committing another felony...multiple counts..murder of an officer in the line of duty...murder of a witness) Penalties..Death...life without the possibility of parole
2nd degree
Most other planned or possibly foreseen as a result of actions

Answer 8

First degree is usually premeditated, meaning that the killer planned to kill the victim. Second degree murder is for when the murder was not premeditated.

Answer 9

First degree murder is a stiffer crime because of intent. Its all about intent. Legalease calls it "malice aforethought" or premeditation, or lying in wait. In other words intent to kill.

Malice aforethought is absent in second degree murder so a lesser crime.

Answer 10

I believe First degree murder is pre-meditated. Second degree is like if you lose your temper and kill someone.