what is the difference between first degree, second degree, third degree murder? Also what is capital murder?

Answer 1

This will vary in specifics from state to state, but GENERALLY,

first degree = premeditated, deliberate, with malice

second degree = deliberate, not premeditated

third degree/manslaughter = accidental, unintentional

Capital murder ALWAYS means one of the possible punishments is death (capital punishment). This is usually aggravated first degree murder, meaning premeditated, deliberate, with malice AND the presence of at least one statutory aggravating factor (ex, heinous, atrocious and cruel, committed while committing another felony, cop is victim, etc.)

Answer 2

It can vary from state to state. The different degrees are if it was intentional, accidental, preplanned. Capital murder is usually due to the an extremely violent crime against a child, or law enforcement person.

Answer 3

first degree carries a stiff penalty, second and third degree, packs a lesser sentence. Capital murder, is punishible by needle in the arm a.k.a. death sentence.

Answer 4

Quote from Wiki ('cuz they explain it clearer than I could):

Before the famous case of Furman v. Georgia in 1972, most states distinguished two degrees of murder. While the rules differed by state, a reasonably common scheme was that of Pennsylvania, passed in 1794: "Murder which shall be perpetrated by means of poison, or by lying in wait, or by any other kind of willful, deliberate, and premeditated killing, or which shall be committed in the perpetration or attempt to perpetrate, any arson, rape, robbery, or burglary, shall be deemed murder of the first degree; and all other kinds of murder shall be deemed murder of the second degree."

"Murder one", as the term was popularized by novels and television, carried a penalty of death, or life in prison, while the penalty for "murder two" was generally around 80 years in prison. After the Supreme Court placed new requirements on the imposition of the death penalty, most states adopted one of two schemes. In both, third degree murder became the catch-all, while first degree murder was split. The difference was whether some or all first degree murders should be eligible for the most serious penalty (generally death, but sometimes life in prison without the possibility of parole.).

The first scheme, used by Pennsylvania among other states:
First Degree Murder: A premeditated murder, 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. However, the New York Court of Appeals struck down the death penalty as unconstitutional in the case of People v. Taylor.
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.