What is the difference between first degree murder and second degree murder?

Question

Also, what is the difference between murder, manslaughter, and homicide?

Answer 1

Murder: The killing of another human, with malice.

Malice: Intent to kill, intent to cause serious bodily injury, acting with extreme indifference to human life, killing during commission of an inherently violent felony (kidnapping, rape, robbery, etc.)

First Degree: Varies by state, but generally, wilful, deliberate and premeditated killing, such as killing by poisoning, lying in wait, planting a bomb, etc.

Second Degree: All murders not first degree.

Manslaughter: Killing of a human, without malice, such as a killing in the "heat of passion," or causing a death by acting in a grossly negligent manner.

Homicide: The killing of a human by another human. This not only includes murder and manslaughter, but lawful acts as well, such as killing in self-defense, and flipping the switch on an electric chair. The proper term for an unlawful killing is "criminal homicide."

Answer 2

Manslaughter is usually the lowest level of culpability in killing someone. Manslaughter is usually accidental, although with some degree of negligence, such as drunk driving. Murder indicates some degree of intent to harm or kill. Second degree usually indicates that the culprit was engaged in illegal activity involving at least a degree of violence such that a reasonable person would know that someone could get hurt. Often it is the intent that someone does get hurt, such as assault with intent to do grievous bodily harm or assault with a deadly weapon. However, the culprit doesn't really mean to kill their victim, just to teach them a lesson or scare them. Then, when the victim dies, they get charged with second degree murder because they did intend to do harm and because of that harm, the person died. They have added a new crime, called felony murder where if a person dies as the result of the commission of a felony, then the murderer should have known that such a consequence was possible and it goes down like first degree. First degree indicates an intent to kill. This is where we talk about premeditated murder. The culprit planned the action that resulted in the victim's death. This brings the stiffest penalty because it is a crime that society cannot tolerate in any degree.
Homicide is a general term that covers all the crime categories, meaning simply man killing. The hom- stands for man and the -icide stands for kill.

Answer 3

It's a matter of just how 'dead' the person is...

Seriously though, the differences vary slightly from different states. Typically, the definitions involve the intent of the actor.
The more forethought, malice, and effort the actor took, the higher the degree of the murder. If you caused someone's death completely unintentionally and without malice, that would be a low degree of manslaughter.
Homocide is the general legal term for a person killing another ,and does not speak to the degree, intent, etc.

Answer 4

"Homicide" has popularly come to refer to any death caused by another in a criminal manner. In fact, initially, "homicide" referred to any death, criminal or not.

Different states call their crimes different things. Generally speaking, "first degree" is premeditated murder caused with prior design.

2nd Degree tends to be murder which is not premeditated. It can also be referred to as manslaughter. An example would be someone who kills another while driving under the influence. That person didn't have the premeditate intent to kill someone, but did so while breaking the law.

** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **

Answer 5

First degree murder: premeditated murder
Second degree murder: deliberatley killing


murder: killing someone

manslaughter: The unlawful killing of one human by another without express or implied intent to do injury

homocide: the killing of a human being by another human being

Answer 6

One Degree.

Answer 7

I believe in my state first degree is planned and second degree means you killed someone but you didn't plan it.

Answer 8

intent