ANSWERS: 4
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Depends on the country. I found this info on wikipedia.org. Canada: 1. First degree murder is a planned (premeditated) murder, or the murder of a peace officer 2. Second degree murder is an unplanned murder US: 1. First degree murder is murder "involving special circumstances" (i.e. murdering a police officer, torture, etc) 2. Second degree murder is a planned (premediated) murder 3. Third degree murder covers everything else
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In the US: It all depends on the statutes in each state. But, generally... Murder is the unlawful killing of another human being with malice aforethought. Malice aforethought can be 1) intent to kill, 2) intent to cause grievous bodily harm, 3) a "depraved heart", or 4) felony murder. A depraved-heart, or "abandoned and malignant heart" murder is one in which a person acts with extreme recklessness with regard to human life. A felony murder is one in which a death occurs during the commission of a felony. Any unlawful homocide which satisfies one of the four criteria is "murder". Otherwise it is manslaughter. If a murder is deliberate, premeditated, and willfull, it is generally first degree. Otherwise it is second degree. Some states have a third degree. "Aggravated murder" is basically a sentence enhancement for special circumstances, such as killing a cop, or killing for money or to silence a witness. Manslaughter comes in many flavors as well: voluntary, involuntary, negligent, vehicular, etc... Other factors include fetuses, drug use, weapons of mass destruction, intoxication, accomplice in a felony. It gets very complicated very fast. This is just a general, common-law overview. The statutes vary greatly from state to state.
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Hello my name is lakotoweea, i am looking for some kind of good answer i guess,i am at a loss. My son is charged with third degree murder and i know he did not do this. he is not a violent person.i know there was another person that did this but she covered her tracts very very good, and now my son is in jail fighting for his life.what i would like to know is?? how many years could he get if he found guilty. he only has a public defender and every one is telling me he will not help him at all.so i am horrifed, so please help if you can. thank you lakotoweea
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First degree: killing with the intent to kill. Usually requires premeditation. Also includes felony murder - an unplanned murder that occurs during the commission of a felony (example is defendant burglarizes a house and during the burglary kills the homeowner - no premeditation but committed during a felony). Second degree: killing with the intent to do harm but not the intent to kill. Example - shooting someone in the leg with the intent to wound but not kill, and the victim bleeds to death. Third degree: killing that resulted from indifference or negligence. Usually there must be a legal duty (parent - child), but can also include crimes like driving drunk and causing a fatal accident. Fourth degree: felony murder committed by an accomplice. Same as felony murder, but instead of one burglar there are two. Burglar A kills the homeowner and that is first degree murder. Burglar B did not take part in the killing but did take part in the burglary and that is fourth degree. These are old terms that are now all but useless except in studying the history of criminal law. The definition of murder is now a matter of whatever the statute in a given state says, even though some may still use the terms.
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