Murder Is, Murder Ain'tLaw statutes in most states classify the crime of murder as the unlawful killing of an individual that is both willful and premeditated. Premeditated implies that the act was thought of and planned before it was executed. It also means that it was contrived with the intention to cause death to another person or persons. First Degree Murder Murder in the first degree is a premeditated act that takes the life of another. A premeditated act means that the act was thought of and planned ahead of time. Malice is also included in the criteria of first degree murder. The defendant must have had intent to cause bodily injury, harm, or death when they committed the premeditated act of murder. In many states murder that occurs while committing other felonies like rape, robbery, or arson is also classified as first degree murder. For instance, if Bonnie and Clyde are robbing a liquor store and during the escape the owner shoots Clyde, Bonnie can be held responsible for his death and charged for first degree murder. Second Degree Murder This code of criminal law could be considered as the ground that lies between first degree murder and voluntary manslaughter. Second-degree murder is typically defined as "an intentional killing that is not premeditated or planned, nor committed in a reasonable 'heat of passion'", basically the opposite of first degree murder. It can also involve a killing caused by dangerous behavior and the offender's lack of concern for human life. An example Clyde arrives at his secret hide-away of a home to find Bonnie in bed with Billie the Kid. Clyde runs into Billie the Kid at a saloon the following night sitting next to a friend at the bar. Clyde takes out his pistol and fires three shots into the bar. He misses Billie, but shoots and kills his friend. Clyde has just committed second degree murder. He did not intend to kill the friend, but his reckless behavior or shooting gun displayed a lack of concern for human life and resulted in someone being killed. Voluntary Manslaughter This is the crime where the "heat of passion" comes in to play. In most states voluntary manslaughter is defined as an intentional killing in which the offender had no prior intent to kill. The circumstances that lead to this type of killing have to be such that they would drive a reasonable person to emotional or mental disturbance. Recall the example from earlier. Clyde comes home to find Bonnie in bed with Billie the Kid and in the heat of the moment shoots the Kid with the shotgun he keeps on the side of the bed. Billie the Kid is killed, and Clyde has now committed voluntary manslaughter. Labels: Murder Ain't, Murder Is |
