what is the difference between 2nd degree murder and voluntary manslaughter there both not premeditated?

Answer 1

From Findlaw.com

Voluntary manslaughter is commonly defined as an intentional killing in which the offender had no prior intent to kill, such as a killing that occurs in the "heat of passion." The circumstances leading to the killing must be the kind that would cause a reasonable person to become emotionally or mentally disturbed; otherwise, the killing may be charged as a first-degree or second-degree murder.

For example, Dan comes home to find his wife in bed with Victor. In the heat of the moment, Dan picks up a golf club from next to the bed and strikes Victor in the head, killing him instantly.

Second-degree murder is ordinarily defined as 1) an intentional killing that is not premeditated or planned, nor committed in a reasonable "heat of passion" or 2) a killing caused by dangerous conduct and the offender's obvious lack of concern for human life. Second-degree murder may best be viewed as the middle ground between first-degree murder and voluntary manslaughter.

For example, Dan comes home to find his wife in bed with Victor. At a stoplight the next day, Dan sees Victor riding in the passenger seat of a nearby car. Dan pulls out a gun and fires three shots into the car, missing Victor but killing the driver of the car.

Answer 2

It depends on how those crimes are defined in the relevant statutes.

For purposes of the bar exam (using the "common law" definitions), 2nd degree murder is the default for any intentional homicide unless it's 1st degree murder.

Voluntary manslaughter is a reduction from 2nd degree murder, because of "heat of passion" or some other imperfect defense (such as justification, or use of excessive force in self defense).

In some jurisdictions, voluntary manslaughter also includes reckless homicide.

Answer 3

2nd degree murder (voluntary) is the killing of another with malice, without premeditation and deliberation

Voluntary Manslaughter is the unlawful killing of another without malice, done in the heat of passion upon adequate legal provocation (Aggravated assault or battery, Mutual combat, Commission of a serious crime against a close relative, Illegal arrest, Observation by a husband or wife committing adultery)

Answer 4

Manslaughter is in many cases the backside point of culpability in killing somebody. Manslaughter is in many cases unintentional, besides the reality that with some degree of negligence, including under the impression of alcohol making use of. homicide shows some degree of reason to injury or kill. 2d degree in many cases shows that the criminal replaced into engaged in criminal pastime concerning a minimum of a level of violence such that a functional individual could understand that somebody ought to get injury. in many cases it extremely is the reason that somebody does get injury, including attack with reason to do grievous actual injury or attack with a unfavourable weapon. despite the fact that, the criminal would not extremely mean to kill their sufferer, only to teach them a lesson or scare them. Then, while the sufferer dies, they get charged with 2d degree homicide using fact they did intend to do injury and due to that injury, the guy died. they have further a sparkling crime, stated as legal homicide the place if a individual dies using fact the effect of the value of a legal, then the murderer might desire to have conventional that this way of effect replaced into feasible and it is going down like first degree. First degree shows an reason to kill. it extremely is the place we talk approximately premeditated homicide. The criminal planned the action that resulted interior the sufferer's death. This brings the stiffest penalty using fact it extremely is against the regulation that society can not tolerate in any degree. homicide is a conventional term that covers all the crime categories, meaning only guy killing. The hom- stands for guy and the -icide stands for kill.

Answer 5

one is after an argument or in the heat of passion