How do they rate degrees of murder?

Question

How is 1st degree different than 4th degree? This doesn't specifically refer to murder though, just any crime.

Answer 1

In New York, if you murder a police officer or corrections officer in the line of duty, it's automatically First Degree Murder and that's a death penalty offense (on paper - usually they get life without parole or they get sentenced to death but they never actually get executed).

Premeditated murder or Felony Murder (murder during another crime) of any other person is Second Degree Murder.

And any other murder is Third Degree Murder

Answer 2

It depends on the state. Criminal laws are defined separately by each state, and separately again for the few federal crimes. Murder is predominately a state crime.

The degree system is there so that states don't have to come up with entirely different names for the crimes. They just do the broad strokes, and then use numbers for the small variations.

The details vary by state, but under the modern common law (as tested on the bar exam), 1st degree murder requires a premeditated intent to kill, or murder committed with depraved indifference (wanton and reckless disregard for the risk of death) and where the means used are worse than average (poison, bomb, ambush, etc). Second degree murder is everything else, then it drops down to voluntary manslaughter for imperfect defenses (duress, self defense using excessive force) or extreme emotional disturbance.

Answer 3

Preface/Definitions (criteria vary from state to state)

1. First-degree Murder - A willful, deliberate, premeditated (planned) killing.

2. Second-degree Murder - An unplanned killing resulting from a malicious assault or other act, including the unlawful distribution of drugs when the ingestion of such substance causes the death of the user. Second-degree murder is one in which the defendant, as a "reasonably prudent person," knows that the circumstances may cause the death of another person.

3. Voluntary Manslaughter - Killing which occurs in the heat of passion and/or without malicious intent.

4. Involuntary Manslaughter - Involuntary Manslaughter - Death that occurs accidentally or in violation of a non-felony, such as reckless driving.

5. Homicide - The killing of a human being due to the act or omission of another. Murder and manslaughter are included among homicides, but not all homicides are a crime, particularly when there is a lack of criminal intent. Non-criminal homicides include killing in self-defense, accidents, such as a hunting accident, or a traffic accident where there is no violation of the law. Intent is the criterion that could elevate a charge from homicide (innocent or criminal), to murder.

Answer 4

As others mentioned 1st is aggregious crime that is generally premeditated intentional murder.
2nd is usually reactionary , not something you planned out but maybe in anger someone commited murder.
3rd is pretty much like you beat someone to death in a fight for example manslaughter
there isnt a 4th that im aware of generally you then move into
class A misdemeanors like negligent homicide ( like when a parent leaves a child in a car on a hot day and they die from it.)

Answer 5

I dont know all of the degrees... but i think when you kill a police officer thats an automatic 1st degree and planned murder is 1st degree.. then if its like a mistake its manslaughter

Answer 6

It is going to vary on the state. Generally, intent and premeditation are the factors used in breaking down the murder charges.

Answer 7

What is done

1-Pre-meditated murder
2-Spurr of the moment
3-Assistance in a murder
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4-I do believe refers to a vehicle (maybe hit and run)

Manslaughter also reffers to the crime

Answer 8

i believe first degree is pre-meditated. it was planned out