First degree is murder with special circumstances. The particular special circumstances vary from state to state, but traditionally include murder by explosive device, by poison, by torture, or during commission of arson, robbery, rape, kidnapping, or other particularly heinous felony.
All other murders are second degree.
Murder itself, whether first or second degree, is the killing of another human, with intent to kill, intent to seriously injure, during commission of a felony, or while acting with complete indifference to human life.
2007-06-04 16:52:17
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answer #1
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answered by Mr Placid 7
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Saw the same question asked a little while ago, so I will re-post my answer.
First degree: killing with the intent to kill. Usually requires premeditation. Also includes felony murder - an unplanned murder that occurs during the commission of a felony (example is defendant burglarizes a house and during the burglary kills the homeowner - no premeditation but committed during a felony).
Second degree: killing with the intent to do harm but not the intent to kill. Example - shooting someone in the leg with the intent to wound but not kill, and the victim bleeds to death.
Third degree: killing that resulted from indifference or negligence. Usually there must be a legal duty (parent - child), but can also include crimes like driving drunk and causing a fatal accident.
Fourth degree: felony murder committed by an accomplice. Same as felony murder, but instead of one burglar there are two. Burglar A kills the homeowner and that is first degree murder. Burglar B did not take part in the killing but did take part in the burglary and that is fourth degree.
These are old terms that are now all but useless except in studying the history of criminal law. The definition of murder is now a matter of whatever the statute in a given state says, even though some may still use the terms.
2007-06-04 17:32:36
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answer #2
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answered by Anonymous
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Murder itself is causing the killing of another human, with malice. Malice is intent to kill, intent to cause great bodily injury, acting with depraved indifference to human life, or causing a death while committing a dangerous felony. So, that's murder. Most commonly, there are two degrees of murder. 1st degree is murder with special circumstances, or committed with premeditation and deliberation. Special circumstances is something like killing by means of a bomb, or poison, or torture, etc. Second degree murder is all other murders that are not classified as 1st degree. Some jurisdictions add in a 3rd degree murder, but it's usually just another name for "manslaughter." Manslaughter is causing a death, but without malice. Example: Drunk driving.
2016-05-17 04:25:44
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answer #3
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answered by ? 3
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There are traditionally 3:
Felony Murder - Commission of Murder during the course of committing another felony.
1st Degree Murder - Purposely killing another human being.
2nd Degree Murder - Knowingly killing another human being.
Then there are the Manslaughter's, which are often (and mistakenly) included in the traditional definition of murder.
1st Degree Manslaughter - Recklessly killing another human being.
2nd Degree Manslaughter - Negligently killing another human being; Negligent Homicide.
Vehicular Manslaughter - Killing another human being either Recklessly or Negligently, using a Vehicle. Does not have to be under the influence.
2007-06-04 16:31:41
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answer #4
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answered by cyanne2ak 7
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Yes, the degrees of murder is classified as premeditated, and un premeditated.You have 1st degree, 2nd degree, 3rd degree, manslaughter, etc.
2007-06-05 00:44:35
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answer #5
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answered by WC 7
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murder 1 is premeditated or murder of someone like a cop. it carries the death penalty. others murder 2 and would be spur of the moment it just kinda happens. then there is manslaughter which is an accident, and negligent homicide which i know what it is but don't quite know how to describe it accurately. therees a few more im just sick of typing
2007-06-04 16:33:48
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answer #6
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answered by Job(Christopher) E 2
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1st degree murder is premeditatied, meaning it was planned ahead of time.
2nd. degree murder is not premeditated but wanted the person dead
manslaughter is accidental.
2007-06-04 16:31:47
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answer #7
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answered by countseven 2
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I think 3. But I'm not sure. I know the difference between 1st and 2nd is if you plan it out before hand (called premeditated) its 1st. If its just a spur of the moment rage its 2nd.
2007-06-04 16:29:48
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answer #8
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answered by Anonymous
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murder can be classified into types:
first is premeditated
second degree is spur of the moment
2007-06-04 16:32:31
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answer #9
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answered by Anonymous
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well other people have told it above (and bellow...probabally)
but... why do you want to know?
2007-06-04 16:35:37
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answer #10
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answered by me 1
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