simplemind
JF-Expert Member
- Apr 10, 2009
- 16,409
- 9,183
Zingatia->
- First-degree murder: any intentional murder that is willful and premeditated with malice aforethought. Felony murder, a charge that may be filed against a defendant who is involved in a dangerous crime where a death results from the crime,[71] is typically first-degree.[72]
- Second-degree murder: any intentional murder with malice aforethought, but is not premeditated or planned in advance. [73]
- Voluntary manslaughter: sometimes called a crime of passion murder, is any intentional killing that involves no prior intent to kill, and which was committed under such circumstances that would "cause a reasonable person to become emotionally or mentally disturbed". Both this and second-degree murder are committed on the spot under a spur-of-the-moment choice, but the two differ in the magnitude of the circumstances surrounding the crime. For example, a bar fight that results in death would ordinarily constitute second-degree murder. If that same bar fight stemmed from a discovery of infidelity, however, it may be mitigated to voluntary manslaughter.[74]
- Involuntary manslaughter: a killing that stems from a lack of intention to cause death but involving an intentional or negligent act leading to death. A drunk driving–related death is typically involuntary manslaughter (see also vehicular homicide, causing death by dangerous driving, gross negligence manslaughter andcausing death by criminal negligencefor international equivalents). Note that the "unintentional" element here refers to the lack of intent to bring about the death. All three crimes above feature an intent to kill, whereas involuntary manslaughter is "unintentional", because the killer did not intend for a death to result from their intentional actions. If there is a presence of intention it relates only to the intent to cause a violent act which brings about the death, but not an intention to bring about the death itself.[75]
