Degrees in a Murder case?

Question

What do the degrees mean for a murder or other crime? Like when they say 1st degree, 2nd degree, or 3rd degree?

Answer 1

1st degree is premeditated, 2nd degree is when you just kill someone without premeditation, 3rd degree is usually like manslaughter.

Answer 2

It's the level of the crime

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.

Answer 3

It varies by state (or province).

At common law (which is tested on the bar exam), 1st degree murder includes premeditated murder, or any intentional homicide carried out using bombs, torture, ambush, poison or similar means. 2nd degree murder is any other homicide committed with intent to cause serious bodily harm, or any homicide committed with depraved indifference.

But the common law is not actually used to define crimes. Instead, all crimes are defined by statute. So, what constitutes 1st or 2nd degree murder in one state may be different than how that crime is defined in a different state.

Check your local listings.

Answer 4

The definitions vary by state and by crime but "first" degree is always the most serious.

In murder, "first" usually means that the killing was wilfull, deliberate and premeditated where lesser degrees include killing someone in the sudden heat of passion, etc.

In burglary, "first" usually means entering an occupied residence and lesser degrees involve businesses and commercial or vacant buildings.

... and so on.