What is the difference between manslaughter and murder?

Question

And what are the degrees of murder?

Answer 1

Manslaughter is accidental, murder is intentional.

Answer 2

All the answers I have read so far are not accurate. The laws vary from state to state, but I do not think they all vary too much from Oklahoma law, which I will outline here. First Degree Murder in Oklahoma: 1. Includes Malice Aforethought. This is murder with the intent to kill. 2. Felony Murder. A death that occurs during the commission of certain enumerated felonies, EVEN IF AN ACCIDENT. Some answerers to the question said that murder always requires intent and that is not true. In Oklahoma if a defendant is eluding the police--running from them in a high speed chase--and have an ACCIDENT where a person in the other car is killed, the defendant can be convicted of first degree murder. 3. Death of a Child - A defendant that uses UNREASONABLE FORCE against a child that results in the child’s death--even without intent to kill--can be convicted of First Degree Murder Second Degree Murder in Oklahoma 1. When perpetrated by an act imminently dangerous to another person and evincing a depraved mind. This does not require an intent to kill. 2. Felony Murder - When a death results during the commission of any other felony which is not enumerated for First Degree Murder. Manslaughter First Degree in Oklahoma 1. Misdemeanor Manslaughter - a death that results during the commission of a misdemeanor. The perfect example of this is a case I handled recently. Two guys get in a fist fight. One guy hits the other guy--misdemeanor battery--the guy falls down, hit is head on the street and dies from the head injury from hitting his head. 2. Heat of Passion - This requires an intent to kill. That is why I had a problem with some of the other answers that said manslaughter is an accidental killing. A killing that is done in the heat of passion is an intentional killing but because of some provocation, it does not rise to the level of murder. The example of this is a guy catches another guy in bed with his wife, so he kills the guy "in the heat of passion" 3. Resisting a Crime - This also requires and intent to kill. This is the unjustified killing of a criminal. An example of this is a guy that has no weapon and is not threatening the defendant is trying to break into the defendant’s car. The defendant goes out and shoots and kills the guy trying to break into his car. Second Degree Manslaughter in Oklahoma This is a killing resulting from negligence that does not rise to the level of First Degree Manslaughter or Murder.

Answer 3

Manslaughter involves killing someone in a passionate moment. It would generally involve a short time between a emotional situation and the killing.

Murder involves thought, purposely or knowingly.

This is a complex topic, there is much more that could be discussed.

Degrees of murder vary by state but there is usually capital murder and then 1st degree and 2nd degree depending on the mental state and facts.

Answer 4

IIRC - Manslaughter means you killed someone, but did not intend or expect to. Say, you get into fight and punch him several times, and he falls, hits his head and dies. Normally, you can punch someone and they don't usually die.

Murder, you should have known the actions you tooks would likely result in death. (1st degree, you planned it; 2nd degree, you just lost it and did something.)

That's the distinction - if you had a rage momemt and ran someone down or shot them, you ought to expect them to die, likely as not - murder 2. You punch them, or whack them with a baseball bat - maybe just manslaughter.

You tell someone you're taking this gun and going to find that so-and-so and kill them - Murder 1. You get into an arguement, walk down 3 floors to the basement to get a gun, then come back up and kill - Murder 1.

Typically, the DA likes to lay the higher possible charge they can justify and then plea bargain to avoid the effort of a trial. That's why what should be a murder charge - debatable whether it's pre-meditated or not - usually ends up as manslaughter.

In the middle ages, manslaughter came from the refusal of English juries to give a murder verdict (death penalty) when clearly the defendant's actions caused death but he did not INTEND to kill.

Answer 5

Murder is pre-meditated and there are three degrees. Manslaughter is usually a negligent charge and carries a less severe punishment, though I wouldn't want to check it out personally.

Answer 6

manslaughter is involuntary (like hit and run accidents)
murder is totally voluntary

these are the different degrees of murder-
murder
1st degree
2nd degree
Capital murder

(i am a criminal justice student @ ITT Tech)
(going for my B.S)

Answer 7

Murder:

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: Non pre-meditated killing.

Third Degree Murder: Any 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. First degree murder is pre-meditated.

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 with a possibility of parole) and "first-degree murder with special circumstances" (leading to death or life without the possibility of parole), while second-degree murder continues to be the default category (punished by life in prison with a shorter term until parole eligibility).

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.


MANSLAUGHTER:

Involuntary manslaughter, sometimes called criminally negligent homicide in the United States or culpable homicide in Scotland, occurs where there is no intention to kill or cause serious injury but death is due to recklessness or criminal negligence.

Voluntary manslaughter cases where the defendant may have an intent to cause death or serious injury, but the potential liability for murder is mitigated by the circumstances and state of mind. The most common example is the so-called heat of passion killing, such as where the defendant is provoked into a loss of control by unexpectedly finding a spouse in the arms of a lover or witnessing an attack against his or her child.

Answer 8

Manslaughter may be unintentional but still caused from some kind of neglect for example. Call a lawyer for more details

Answer 9

Manslaughter is death by another person which was accidental. Murder means death by another person that was intentional and plan.

Answer 10

manslaughter was by accident and murder was by intention.