Classifications Of Murder What Determines The Degree Of A Murder

Classifications Of Murder What Determines The Degree Of A Murder

Murder, or criminal homicide, is considered the most serious of felonies and, as such, generally carries the most severe penalties, including, in some states, death. Although there has traditionally been debate over what sorts of acts constitute murder, it is generally defined as the intentional, unjustifiable, and illegal taking of someone elses life. Although it is generally presumed that murder results in the immediate death of a person, any death that directly occurs to someone elses actions within a year of those actions may be characterized as murder.

The law classifies murder according to degrees of severity. First-degree murder is the most egregious and sinister type of murder; it involves causing someone elses death through forethought, deliberation, and/or malice. Those convicted of first-degree murder have been found guilty in a court of law of purposely acting upon another person with the intent of causing great harm or death.

Second-degree murder, or voluntary manslaughter, arises out of spontaneous and sudden emotion. Those convicted of second-degree murder have been found guilty of acting out of overwhelming anger, fear, or jealousy.

Finally, third-degree murder, or involuntary manslaughter, is an act of murder that was committed without forethought or malice. These accidental murders usually occur due to reckless or wrongful use of firearms, drugs and other medications, explosives, motor vehicles, and other objects that can be deadly when misused. The charge of third-degree murder is often founded on an act of negligence, or a failure to act as a reasonable person would under similar circumstances.

Further complicating murder trials are issues of state of mind, upon which the degree of murder hinges. Prosecuting attorneys must prove that the criminally accused was in the state of mind consistent with first-, second-, or third-degree murder in order to convince the court that the accused should be found guilty of a given type of murder. This is particularly difficult in cases involving people who are permanently or temporarily mentally challenged or disabled. An experienced criminal defense attorney will often be able to negotiate a lesser charge on behalf of his or her client.

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