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The Fine Line Between the Three Degrees of Murder: Do You Know What They Are?
The taking of a life, be it intentional or unintentional is considered a crime however the charges of such actions vary depending on the mitigating circumstances.
Before you get into defining the classes or degrees of murder, you should know the basics of some other terms.
Homicide: A death that can be classified as accidental or justifiable. These include killing someone if they attack you, make a direct threat that puts your life in jeopardy or in the case of the police, refuse to back down from an escalated situation. In these situations there is intent to kill since it is not considered a spur of the moment decision to kill someone.
Manslaughter: There are two sub classes; involuntary manslaughter and voluntary manslaughter. Voluntary Manslaughter pleas include Provocation, Heat of Passion and Diminished Responsibility. Involuntary Manslaughter covers a lot of different ground including Vehicular Manslaughter, Intoxicated Manslaughter, Criminal Neglect and Recklessness. Each of these pleas have different contingencies so it is impossible to charge someone with a specific degree of murder until the investigation has been at least partially closed.
What isn't considered murder? In addition to a death that is ruled a homicide or manslaughter, suicide isn't considered a murder but there have been cases where people have been charged with assisting in a murder such as Dr. Jack Kevorkian and the euthanasia. This ties in closely with determining if a person was alive at the time of the act; a good example of this is if someone was alive when they were shot. Gang situations always present a problem if there are multiple shooters at the scene; without extensive testing it is almost impossible to determine who delivered the first shot and who is responsible for the actual taking of a life.
To create a list of murders and what they encompass isn't easy because there are so many details that go into them and each criminal case if different. Also keep in mind that each State can have different clauses and variations if the charges do not fall under a Federal ruling.
First Degree Murder: A deliberate act of murder perpetrated against another human. It is premeditated or planned and has required thought to complete the task. This also included poisoning, refusing to help someone that is injured or escalating a situation where someone is injured and could live but your lack of action caused their death. This also includes torture, rape, arson, neglect and in some cases a murder that happens during a robbery or criminal act.
Second Degree Murder: The difference between first and second degree murder is intent or if it was a preplanned crime. More often than not it is something that falls between a first degree murder charge and voluntary manslaughter. In some cases if an individual is killed during a crime such as arson, the person charged could be charged with first or second degree murder deepening on the situations and mitigating circumstances.
Third Degree Murder: This is one of the vaguest of the three criminal charges; it involves a murder or death that was not premeditated. Simply put, if something doesn't fit into one of the above degrees it is often classified as a third degree homicide or murder. An example of this is a parent or adult that serves alcohol to a minor; if they kill someone under the influence they could be charged with third degree murder. This also covers illegal substances (such as drugs) that cause the death of a person.
Within all three of these classes there are mitigating circumstances that could help to lessen the charges or sway a jury's decision. These include temporary insanity, post partum depression, self defense, provocation, depression, medication and post traumatic stress disorder.