First Degree Murder Vs Manslaughter

Topic: First Degree Murder Vs Manslaughter

In the paper, I will be explaining about 1st Degree Murder and Manslaughter: the differences between them, the branches of them, and when they will be applied into different situations. In order to help explaining, I will insert in diagrams and simulate cases into this paper. And there will also be Cases Analysis as the second part of this paper.

Homicide is the killing of one human being by another. If the killing is not excusable or justifiable, then it is called criminal homicide. Murder and Manslaughter are the two general categories of criminal homicide. In most countries, First Degree Murder is the most serious crime that people can commit, where manslaughter is a less serious criminally homicide.

1st Degree Murder is a criminal charge when a person killed the other person with malice aforethought; and the killing was premeditated. To kill with malice aforethought means to kill either deliberately and intentionally or recklessly with extreme disregard for human life. Premeditation means with planning or deliberation. The theory of premeditation becomes effective when the amount of time is long enough for the killer to have been fully conscious of the intent and to have considered the killing. There are two common schemes of defining the degrees of murder:

*The first scheme, used by New York among other states:

- First Degree Murder: Murder involving special circumstances, such as murder of a police officer, judge, fireman or witness to a crime, multiple murder, the use of torture or especially heinous means, or means requiring great preparation, such as poison or lying in wait.

- Second Degree Murder: Any premeditated murder or felony murder that does not involve special circumstances.

- Third Degree Murder: All other murder.

*The second scheme, used by Pennsylvania among other states:

- First Degree Murder: All premeditated murders, and (in some states) murders involving certain especially dangerous felonies, such as arson or rape, or committed by an inmate serving a life sentence.

- Second Degree Murder: Any felony murder not a first degree murder.

- Third Degree Murder: All other murder.

Any kind of first degree murder is considered as a class 1 felony. And the penalty is death penalty or life imprisonment.

Simulate Case:

- For First Degree Murder:

• Park a truck with bomb in a public place, and cause the explosion during busy hours.

Manslaughter, also called criminally negligent homicide in the United States, it arises when criminal liability as a homicide is imposed on those who kill: either when they do not intend to cause death or serious injury but cause the death of another through recklessness or criminal negligence; or where a person intentionally kills another but is not liable for murder either because he or she falls within the scope of a mitigatory defense, such as provocation or diminished capacity that will reduce what would otherwise have been murder to manslaughter. Manslaughter can be divided into two categories, which are the voluntary manslaughter and the involuntary manslaughter.

Voluntary manslaughter refers to intentional killings committed in the absence of malice and premeditted design. It requires the intent to cause death or serious injury, but the potential liability for murder is mitigated by the fact that the accused was subjected to a level of provocation sufficient to drive an ordinary person to kill in the heat of passion, or suffering from diminished responsibility. Very usually, defendant will argue that they had committed a justifiable homicide rather than a voluntary manslaughter because justifiable homicide will exclude the liability of homicide. The concept of justifiable homicide in criminal law stands on the dividing line between an excuse and an exculpation. It can excuse the defendant from all criminal liability or treats the defendant differently from other intentional killers. In eighteenth century English law, it was considered a justifiable homicide if a husband killed a man raping his wife, but modern law treats this as only a circumstance that will mitigate murder to a conviction for voluntary manslaughter.

Simulate Cases:

- For provocation:

• When a parent witnessing his child was being attacked, and he intentionally killed the attacker.

- For diminished responsibility:

• When a person killed someone under the affect of drug.

- For Justifiable homicide:

• killing a non-surrendered enemy combatant in time of war;

• executing a person in accordance with a legally imposed sentence of death

• self-defense.

Involuntary manslaughter is where death occurs with no intention to kill, which means no meas rea of homicide had existed. There are two main branches of Involuntary manslaughter. Misdemeanor manslaughter, and Unlawful act manslaughter. And under misdemeanor manslaughter, there is Vehicular homicide.

Misdemeanor manslaughter will be imposed to a person who causes the death of another while committing a misdemeanor. It is a violation of the law that does not rise to the level of a felony. This may automatically lead to a conviction for the death, if the misdemeanor involved a law designed to protect human life. Many safety laws are strict liability, meaning that a person can be convicted regardless of mens rea. Vehicular homicide is a main branch of Misdemeanor manslaughter, it means “Death that was caused by dangerous driving.” This charge will not arise in every traffic accident involved homicide. The charge arises when the juries agreed that the defendant’s driving fell far below the standard of the competent and careful driver. And in some serious speeding cases, even though no deaths were occurred, motor manslaughter can be an optional charge to be imposed on defendant.

Unlawful Act manslaughter will be impose to a person when he or she committed an unlawful act that will harm another person, and unexpected death results. Unexpected death results means the