Definition of Murder Charges

If you kill someone and are brought to trial, there are different classifications of murder you can be changed with by the prosecution. These include first degree murder, capitol murder, second degree murder and manslaughter. Depending on the murder charge, the prosecution and jury have different guidelines to follow in order to prove your guilt and what punishment to impose.

Definitions of these types of murders vary from state to state as does the minimum sentences associated with each. Here is a broad overview of definitional of the various murder charges.

First Degree Murder

First degree murder is committed when a person plans to kill with malice aforethought and evil intent.

The following states of mind are examples of malice aforethought:

- Intent to kill
- Intent to inflict grievous bodily harm short of death
- Reckless indifference to an unjustifiably high risk to human life Intent to commit a dangerous felony.
- Intent to commit a dangerous felony including kidnapping, burglary, arson, rape, or armed robbery.

Basically, if you thought about or planned the killing or harm of another human being before you actually did, you would be charged with first degree murder.

The following are examples of circumstance that include premeditation or malice aforethought:

- Murder for hire
- Poisoning
- Murder for financial gain
- Ambush or laying in wait
- Murder to cover evidence

Most all of societies, past and present, consider first degree murder the most heinous of all crimes. Punishments may vary across state and country lines, but life in prison or a death sentence are the most common.

Capital Murder

Capital murder carries the same definition of first degree murder, but if you are found guilty of capital murder, you will be sentenced to death.

Second Degree Murder

Second degree murder is a death which results from an assault which is likely to cause death. This charge is defined as murder with intent, but without planning. This definition includes a killing caused by dangerous conduct and the offender’s obvious lack of concern for human life. The murderer must intend to kill the victim, and succeed in the killing, but will not have planned ahead of time to do this. This would include a killing made spontaneously during a bar fight, for instance. So again, there is intent to kill but no premeditation.

Manslaughter

Manslaughter is defined as the unjustifiable, inexcusable, and intentional killing of a human being without deliberation, premeditation, and malice. Manslaughter is not as serious a crime as murder, but that does not mean it is justifiable or excusable killing for which little or no punishment is imposed.

Within the charges of manslaughter there are five additional classifications – voluntary manslaughter, involuntary manslaughter, criminal-negligence manslaughter, unlawful-act manslaughter and vehicular manslaughter.

Voluntary Manslaughter

Voluntary manslaughter consists of an intentional killing that is accompanied by additional circumstances that mitigate, but do not excuse, the killing. Voluntary manslaughter occurs when a defendant is provoked to commit the murder. There are four conditions that must be fulfilled to justify a voluntary manslaughter charge. These are:

1. The provocation must cause rage or fear in a reasonable person (heat of passion crimes)
2. The defendant must have actually been provoked
3. There should not be a time period between the provocation and the killing within which a reasonable person would cool off

Involuntary Manslaughter

Involuntary manslaughter is the unlawful killing of another human being without intent. The absence of intent is the essential difference between voluntary and involuntary manslaughter. Within involuntary manslaughter charges, there are two additional categories – criminal-negligence manslaughter and unlawful-act manslaughter.

Criminal-Negligence Manslaughter

Criminal-negligence manslaughter occurs when a death results from a high degree of negligence or recklessness. The charge can be brought about when an omission to act or a failure to perform a duty results in a death. The key is that the perpetrated had a “duty” to prevent the death. An example would be an EMT not performing CPR on a person that has stopped breathing at the scene of a car accident. In this example, an ordinary person does not have a duty to aid or help this person.

Unlawful-Act Manslaughter

Unlawful-act manslaughter occurs when death is caused by one who commits or attempts to commit an unlawful act, usually a misdemeanor.

Vehicular Manslaughter

Vehicular Manslaughter causes the death of a human being due to illegal driving of an automobile, including gross negligence, drunk driving, reckless driving, or speeding. Depending on the circumstances, vehicular manslaughter can be a misdemeanor or felony. Killing a passenger who is riding in the car also falls under this charge.

Justifiable or Excusable Homicide

A homicide may be justifiable or excusable by the surrounding circumstances. In such cases, the homicide will not be considered a criminal act. A justifiable homicide is a homicide that is commanded or authorized by law. For instance, a police officer may use deadly force when his life is at stake. During war time, soldiers also commit justifiable or excusable deaths.

Self Defense

A person is authorized to kill another person in self-defense or in the defense of others, but only if the person reasonably believes that the killing is absolutely necessary in order to prevent serious harm or death to themself or to others. If the threatened harm can be avoided with reasonable safety, some states require the person to retreat before using deadly force. Most states do not require retreat if the individual is attacked or threatened in his or her home, place of employment, or place of business.

Further Reading
Here are some resources that we used in researching this article that may be of further help to you:
 
http://en.wikipedia.org/wiki/Murder
http://legal-dictionary.thefreedictionary.com/manslaughter
http://legal-dictionary.thefreedictionary.com/vehicular+manslaughter
http://law.jrank.org/pages/7401/Homicide-Justifiable-or-Excusable-Homicide.html

Stay Brutal!