The Gory Details

Criminal murder cases captivate the public in a manner most news stories can't match.  We are a morbid society and are drawn to death for numerous reasons, whether it be rubber-necking on the highway to look at a car crash or picking up the newest murder mystery novel.  The OJ Simpson, Jon Bennet Ramsey and Casey Anthony trials all captivated the country and had people on edge for the verdict.  But how many people actually know the difference between First Degree Murder and Second Degree Murder, or the difference between Manslaughter and Second Degree Murder?  These charges are what the trial hinges on, yet many people may not even know the basic details of the legal terms.

First it is important to note that murder is a state crime, unless the act occurs crossing state lines or on federal property, therefore the definition of first degree murder varies slightly from state to state but in general most states use similar standards for defining murder in the first degree are very.  However, murder in the second degree and manslaughter can vary only slightly from state to state or there can be significant discrepancies.   First, lets just look at the basic definition of murder:

Murder - the unlawful killing of another human being with malice aforethought (malice aforethought is what you may know as "premeditation").  It is important to note, however, that while premeditation implies a preconceived plan to commit murder, malice aforethought is a more broad term where the intent to kill can range from the defendant consciously wanting to kill another person to where the defendant wanted to cause great bodily harm to another or displayed blatant disregard for the safety of others.  In most states, murder is classified in several "degrees" with the idea being to gradually increase the punishment for each degree.  But once you begin discussing second degree murder and manslaughter charges, the details and definitions can vary greatly.  The basic definition for each degree of murder and manslaughter below will take you to a legal online dictionary that provides a generalized definition.  Also, if you click on the "murder" links in each of the paragraphs below you will be taken to a different state statute so you can compare the differences yourself.  

First Degree Murder (Capital Murder): Any murder that is willful or premeditated.  Murder in the first degree is the most serious form of murder and involves aspects like deliberate planning, premeditation and malice. Deliberate means the defendant makes a clear-minded decision to kill the victim, while premeditation involves showing the defendant thought about the killing before it took place (it is important to note that the time period of thought required to classify a murder as premeditated may be very brief).  Malice requires proving the defendant did a harmful act without any just cause or legal justification.  

Second Degree Murder: A murder that is not premeditated or planned in advance.  Second degree murder is the killing of another with malice, doing a harmful act without any just cause or legal justification, but without premeditation.  Second degree murder almost always will apply where a form of non-premediatetd assault which the death was a distinct possibility.

Third Degree Murder: A killing with the intention of causing bodily harm, but not necessarily death.  Third degree murder usually refers to a killing that results from direct negligence, indifference or recklessness.  However, it is important to note that third degree murder varies significantly from state to state with a majority of states, like California, not even having murder in the third degree.  Also, many states classify voluntary manslaughter as the same standard as voluntary manslaughter in other states.    

Voluntary Manslaughter: The unjustifiable, inexcusable, and intentional killing of a human being without deliberation, premeditation, and malice. The unlawful killing of a human being without any deliberation, which may be involuntary, in the commission of a lawful act without due caution and circumspection.  Manslaughter is a distinct crime and is not considered a lesser degree of murder. The essential distinction between the two offenses is that malice aforethought must be present for murder, whereas it must be absent for manslaughter.  For voluntary manslaughter however, there still must be an intent to kill.  Voluntary manslaughter is often referred to as the "heat of passion" murder.  

* As I mentioned before, many states actually use voluntary manslaughter as third degree murder*

Involuntary Manslaughter: The act of unlawfully killing another human being unintentionally.  Involuntary manslaughter stands out from all of the other acts of killing because the intent to kill is absent.  In most states involuntary manslaughter results from an improper use of reasonable care or skill while performing a legal act, or while committing an act that is unlawful but not felonious.  Drunk-driving related deaths are usually classified as involuntary manslaughter.  

I realize this may be a somewhat morbid or depressing post, but I think it is important to at least have some general idea about what these charges mean and the differences between each.  If you have any questions or comments feel free to pass along.