Question about an element on murder#2

Question

Just wondering because im gonna major in criminal justice. One of the elements is Malice afterthought. What does that mean? And can you give an example of murder#2 and manslaughter 1st degree

Answer 1

Malice afterthought: is the intention to kill, or assassinate or otherwise inflict severe bodily harm to a person with full consciousness and presence of mind, while doing a wrongful act .Example: Carrying a loaded gun to stop resistance by killing the opponents while looting.

1st degree manslaughter vs 2nd degree, notice "B":

The unlawful killing of a human being without the malicious intent or premeditation, either express or implied, required for murder. Manslaughter is a reckless killing or one done in the heat of the moment. The cases of manslaughter may be classified as those killings resulting from:

1. Provocation. 2. Mutual combat. 3. Resistance to public officers, etc. 4. Killing in the prosecution of an unlawful or wanton act. 5. Killing in the prosecution of a lawful act, improperly performed, or performed without lawful authority.

There are two categories of manslaughter: voluntary and involuntary.

Voluntary manslaughter includes killing in heat of passion or while committing a felony.

Involuntary manslaughter occurs when a death is caused during the comission of a non-felony, such as reckless driving (called "vehicular manslaughter").

The following is an example of Voluntary manslaughter.

(A) No person, while under the influence of sudden passion or in a sudden fit of rage, either of which is brought on by serious provocation occasioned by the victim that is reasonably sufficient to incite the person into using deadly force, shall knowingly cause the death of another or the unlawful termination of another's pregnancy.

(B) Whoever violates this section is guilty of voluntary manslaughter, a felony of the first degree."

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Answer 2

From a lawyer.  Actually, you mean malice aforethought, which means before the murder.  It means the murders gave it plenty of thought before he did it.  In manslaughter 1 the killer didn't think about it hardly at all and did it in the heat of passion, like he caught his wife in bed with another guy.