First Degree Murder Vs Second Degree Murder - Diffen

Legal Definition

While manslaughter, or third degree murder, is a catch-all category for murders, there are more serious kinds of murder that are distinguished based upon factors such as intent, premeditation, whether the murder was committed as part of another crime like burglary or kidnapping, or whether there were any special circumstances such as murder of a law enforcement officer or multiple murders.

In general, 1st degree murder is grave murder planned and committed in a cruel way against one or more persons, under special circumstances. The special circumstances include accompaniment of other offenses such as, kidnapping, hijacking, robbery, with an intention of financial gain, assault on pregnant women or government officials on public duty, or involving extreme torture. This is considered more serious if the person committing the offence has committed such a crime before.

2nd degree murder, in general, is premeditated murder against spouse or relatives, or due to personal gain and interest, without the presence of special circumstances. It is considered slightly less grave than first degree murder. In some countries second degree murder is also defined as unplanned killing due to an accident.

Legal Definition of Murder in Pennsylvania and most states in the U.S.

• Second Degree Murder: Homicide committed by an individual engaged as a principal or an accomplice in the perpetration of a felony.
• First Degree Murder: An intentional killing by means of poison, or by lying in wait, or by any other kind of willful, deliberate and premeditated action.

Legal Definition of Murder in New York and several other states

• Second Degree Murder: Any premeditated murder or felony murder that does not involve special circumstances.
• First Degree Murder: Not only is the murder premeditated, but it also involves special circumstances, such as
  • murder of a police officer, judge, fireman or witness to a crime;
  • multiple murders; and
  • torture or especially heinous murders.

Note that under this legal system, a "regular" premeditated murder, without such special circumstances, is not a first-degree murder; nor are murders by poison or "lying in wait" per se first-degree murders.

Penalty for 1st vs. 2nd degree murder

A person committing first degree murder is usually put in prison for at least 25 years or more without parole, depending on the laws of the state whereas someone committing second degree murder might be imprisoned for 10-25 years with or without parole. There may be exceptions to this depending on age and state of mind of the murderer and the circumstances surrounding the crime. Some of these are described below.

Exceptions

There are certain circumstances that might reduce the sentencing from first or second degree murder to manslaughter or homicide. Depression, post-traumatic stress, mental disorders and self defence are some of the pleas that can be used to reduce the penalty.

References

• Murder - Wikipedia