It varies from state to state, but should follow something like this:
First degree -- generally the most serious degree. Usually involves an intentional, deliberate, and premeditated act. An intentional act is one that is not accidental. (In my experience, the intentionality of an act is usually not contested.) A premeditated act means one that is planned beforehand (versus an act done impulsively or in a fit of anger). To deliberate usually means that during the course of the act, the person had a chance to stop and think about what they were doing (including the risks) but continued with the act anyway. For example, you can usually prove deliberation by showing that a person stopped to reload their gun during the course of a shooting.
A second degree act usually means that one of the elements (premeditation, intentionality, or deliberation) is missing. Because one of these elements is missing, a second degree crime is less serious than a first degree crime.
I'm not that familiar with third degree crimes because I don't believe my state has them. I would guess, however, that a third degree crime only has one of the elements (premeditation, deliberation, or intentionality).
In lieu of third degree crimes, some states classify crimes that are below second degree as involuntary or voluntary (like voluntary manslaughter and involuntary manslaughter).
Oh, its also important to note that degrees (first, second, etc) of crime most commonly refer to murder. You can, however, also have other degrees of crime, like second-degree burglary.
2007-06-14 15:03:33
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answer #1
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answered by Andy C 2
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