What is the difference between first, second, third, and fourth degree murder?

Question

What is the difference between first, second, third, and fourth degree murder?

Answer 1

The exact definitions vary depending on which state/province/country you live in. Generally speaking...

First degree murder: When a person premeditates (plans ahead of time) and intentionally kills another person.

Second degree murder: is committed without premeditation (prior thought or planning), but with the intent to kill.

Third degree murder: When an individual kills another person without premeditation and without intent.

As far as I know, there is no "fourth degree murder."

Answer 2

First Degree Murder: varies from state to state, it is generally a killing which is deliberate and premeditated (planned, after lying in wait, by poison or as part of a scheme), in conjunction with felonies such as rape, burglary, arson, or involving multiple deaths, the killing of certain types of people (such as a child, a police officer, a prison guard, a fellow prisoner), or certain weapons, particularly a gun. The specific criteria for first degree murder, are established by statute in each state and by the U.S. Code in federal prosecutions. It is distinguished from second degree murder in which premeditation is usually absent, and from manslaughter, which lacks premeditation and suggests that at most there was intent to harm rather than to kill.

Second Degree Murder:  a non-premeditated killing, resulting from an assault in which death of the victim was a distinct possibility. Second degree murder is different from first degree murder, which is a premeditated, intentional killing or results from a vicious crime such as arson, rape or armed robbery. Exact distinctions on degree vary by state.

Manslaughter:   the unlawful killing of another person without premeditation or so-called "malice aforethought" (an evil intent prior to the killing). It is distinguished from murder (which brings greater penalties) by lack of any prior intention to kill anyone or create a deadly situation. There are two levels 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 by a violation of a non-felony, such as reckless driving (called "vehicular manslaughter").

Murder: the killing of a human being by a sane person, with intent, malice aforethought (prior intention to kill the particular victim or anyone who gets in the way) and with no legal excuse or authority. In those clear circumstances, this is first degree murder. By statute, many states consider a killing in which there is torture, movement of the person before the killing (kidnapping) or the death of a police officer or prison guard, or it was as an incident to another crime (as during a hold-up or rape), to be first degree murder, with or without premeditation and with malice presumed. Second degree murder is such a killing without premeditation, as in the heat of passion or in a sudden quarrel or fight. Malice in second degree murder may be implied from a death due to the reckless lack of concern for the life of others (such as firing a gun into a crowd or bashing someone with any deadly weapon). Depending on the circumstances and state laws, murder in the first or second degree may be chargeable to a person who did not actually kill, but was involved in a crime with a partner who actually did the killing or someone died as the result of the crime.

Malice aforethought:  the conscious intent to cause death or great bodily harm to another person before a person commits the crime. Such malice is a required element to prove first degree murder. 2) a general evil and depraved state of mind in which the person is unconcerned for the lives of others. Thus, if a person uses a gun to hold up a bank and an innocent bystander is killed in a shoot-out with police, there is malice aforethought.

Felony murder doctrine:  a rule of criminal statutes that any death which occurs during the commission of a felony is first degree murder, and all participants in that felony or attempted felony can be charged with and found guilty of murder.

Voluntary Manslaughter - Killing which occurs in the heat of passion and/or without malicious intent.

Involuntary Manslaughter - Death that occurs accidentally or in violation of a non-felony, such as reckless driving.

Answer 3

usually the way you did it like if you planned it or it just happened and the gruesomeness of it

Answer 4

to me it means nothing my brother was charged with murder 1st and got 100 years and got out on parole in 15.... i was charged with the same crime but charged with murder in the 2nd degree and got life but got paroled in 18 .5 years i did less but got more time

all i did was trip the guy so my bro could shoot him  

Answer 5

One degree each  :-)

or three total depending on your point of view.

Or nothing at all because you cannot bring them back

Answer 6

(i) Intent to kill; (ii) Intent to inflict serious bodily harm short of death; (iii) Reckless indifference to an unjustifiably high risk to human life (sometimes described as an "abandoned and malignant heart"); or (iv) Intent to commit a dangerous felony (the "felony-murder" doctrine).

Under state of mind (i), intent to kill, the deadly weapon rule applies. Thus, if the defendant intentionally uses a deadly weapon or instrument against the victim, such use authorizes a permissive inference of intent to kill. An example of a deadly weapon or instrument is a gun, a knife, or even a car when intentionally used to strike the victim.

Under state of mind (iii), an "abandoned and malignant heart," the killing must result from defendant's conduct involving a reckless indifference to human life and a conscious disregard of an unreasonable risk of death or serious bodily injury. An example of this is a 2007 law in California where an individual could be convicted of second-degree murder if he or she kills another person while operating a motor vehicle while being under the influence of alcohol, drugs, or controlled substances.

Under state of mind (iv), the felony-murder doctrine, the felony committed must be an inherently dangerous felony, such as burglary, arson, rape, robbery or kidnapping. Importantly, the underlying felony cannot be a lesser-included offense such as assault, otherwise all criminal homicides would be murder as all criminal homicides are felonies.

Answer 7

like 1st is u planned it out

2nd is u didnt plan it out but u were gonna kill someone

idk bout rest