Murder is murder! Whether classified under degrees, it will still remain a murder. Due to some ease of assessment, some democratic, as well as non-democratic nations, classified murder into degrees. It helps in law judgments, media representation, and the foremost first-information-report (FIR). The same way, the states within the nations have their own understanding of the murder classifications. Like in the United States, there are 50 federal states and two outlying states. All of them have their own definition of the degrees of murders. But they all are similar to each other.
The intention of the murderer judges the height of the murder. Serious cases may include criminal homicides and felony acts. The justifiable cases may extend to the self-defense. For the victim, the murder is a crime. It does not matter to them what degree did it fall in. For the murderer, it could be a reason for vengeance. Even for the murderer, the degree does not matter. All that matters is the state, law, and media. In a way, capital punishment is justification by Murder law office Moose Jaw. But for the punished persons and their relatives, it is a heinous act.
Degrees of Murders:
As said, the degrees of murder differ slightly for every state. But what is generally accepted is shared here:
First Degree of Murder:
The first degree of murder is defined as the most serious case. Such death is performed with an intention to kill anyone.
A relevant example could be of this way; a man sees his wife with another person, and the next day he plans to kill him. Consequently, he found his whereabouts and shot him. That is the first degree of murder. The first degree of murder also extends to the felony. Such could be like a man killed during a bank robbery. Even if it was accidental, it is still sought under the first degree of murder.
The legal proceedings could lead the murder into life imprisonment. Also, it could add it fines up to $ 1 million, but not limited to. Ahead of that, if the matter was extremely serious, it could lead to capital punishment.
Second Degree of Murder:
The second degree and first degree of murder have slight differences. All that differentiates is the state of mind. If there was no plan or predetermined idea to kill someone, then that lies under the second degree. The example could be a bar brawl in which two parties started fighting each other. And mistakenly one of them smashed a bottle onto the head of the other one. Unfortunately, the victim died. Then this would fall under the lights of second degree of murder. It also applies to the felony charges, but that depends on how the law classifies it.
The punishment of this degree does not associate the death penalty. Instead, the max sentence is life in prison or 25-years imprisonment.
Third Degree of Murder:
The third degree goes this way that a man tried beating up his opponent, but unfortunately, he killed him. That is the third degree. Some nations also classify self-defense into the third-degree of murder. Though the victim was initially the criminal but had to die as the victimized party defended themselves.
This leads to a minimum term of punishment, varying between 2 to 6 years. But in some states of the US, it goes up 40-years of imprisonment.
Difference between 1st 2nd and 3rd Degree Murders: At A Glance
Reading the topics from other para and then finding out the similarities and the dissimilarities are quite tough. So, to make this procedure easy and understanding, below there is a comparison chart. From this, you will get a total idea about the different types of murders at a time without any interval.
|Subject||1st degree murder||2nd degree murder||3rd degree murder|
|Definition||When a person intends to kill someone intentionally, and then the victim dies, it is known as 1st degree murder.||It is reckless to abandon. When a person is not intended to kill someone, but due to his carelessness, the opposite person dies, then it is known as 2nd degree murder.||It is also known as manslaughter. When a person kills someone in the heat of the moment or due to criminal negligence, it is known as 3rd degree murder.|
|Types||It does have any type.||It does have any type.||It has two other types.
· Voluntary manslaughter (heat of the moment)
· Involuntary manslaughter (criminal negligence)
|Planning||Full calculation of planning is required.||It does not require any planning.||It also does not require any planning.|
|Punishment||The punishment for 1st degree murder is life imprisonment.||The punishment for 2nd degree murder is imprisonment for 40 years.||The punishment for 3rd degree murder is a maximum of 25 years imprisonment or a maximum of $40,000 fine. But in severe cases, both can be charged.|
|Cause of murdering||· Mental disorder
· Sudden temper
|· Instant anger
· By violating law
|Example||Suppose an employee is always being insulted by his boss in front of everyone. This truly makes his ego hurt. So, he decided to take revenge against him. He started to observe the activities of his boss for a few days. The main motive was to find out the exact time to kill. And one day, the boss will be found dead.
|Suppose two friends were having a brutal fight on an issue. One of them unintentionally broke a glass bottle on the other’s head. It might look ordinary, but the attack was emphatic that the victim died on the spot or after a few hours.
|In the case of voluntary manslaughter, a husband may kill the person having an affair with his wife due to anger.
Again, In the case of involuntary manslaughter, a person while driving a car may kill a passerby without following the traffic rules and watching the signal.
So basically, the difference between 1st, 2nd and 3rd degree murders is on the scenario of murder and the punishment for the crime. However, it is always wise to hire a criminal lawyer if you are charged with a case.
Obviously, if you commit the crime, the lawyer cannot exempt you from the case, but he can ease the case minimizing the punishment.