| Chances are, if someone is suspected of killing | | | | friend dunks on the other. After the game, the |
| someone else and there is enough evidence, that | | | | "dunkee" goes home, grabs his gun, and leaves his |
| person is going to be charged with murder. But what | | | | home searching for the "dunker." Eventually, the |
| exactly does that mean? | | | | "dunkee" finds the "dunker" and shoots him. This will |
| At common law, murder was defined as the unlawful | | | | most likely be considered first degree murder. |
| killing of another human being with intent or malice | | | | Second-degree murder is killing another with malice. |
| aforethought. Malice aforethought can be a difficult | | | | Therefore, second degree murder usually refers to |
| concept to wrap your head around, but generally falls | | | | committing the act without just cause or legal excuse. |
| within one of several categories (i.e. intent to kill, intent | | | | It does not require deliberation or premeditation. That is |
| to inflict grievous bodily harm, reckless indifference to | | | | to say this means intentionally killing someone without |
| an unjustifiably high risk to human life or "abandoned | | | | planning in advance. Continuing the example above, if |
| and malignant heart," or intent to commit a dangerous | | | | the "dunkee" in a fit of rage immediately after being |
| felony or "felony murder"). | | | | dunked on, pulls a gun from his shorts and shoots the |
| But it is important to note that modern law defines | | | | "dunker," this may be considered second degree |
| murder in several different forms, or degrees. | | | | murder. |
| Additionally, different states define these degrees in | | | | Felony murder, while mentioned above, adds a whole |
| different ways. | | | | new twist. Felony murder, as the name implies, occurs |
| First degree murder is most akin to common law | | | | during the course of the commission of a felony. Often |
| murder. Generally, it is also the most serious degree of | | | | times, even a death that is an accident, will be |
| murder. Usually, first degree murder is defined as the | | | | considered felony murder if it happens while a felony is |
| deliberate and premeditated killing of another human | | | | being committed. For example, if someone is robbing a |
| being with malice. Deliberate essentially means that the | | | | bank and a customer of the bank has a heart attack |
| murderer deliberately intended to kill the other person. | | | | and dies, that will usually be considered felony murder. |
| Premeditated refers to the murderer actually thinking | | | | Felony murder usually carries an enhanced sentence. |
| about the killing prior to its occurrence. Malice is to | | | | Manslaughter, while often mistaken as a form of |
| commit the act without just cause or legal excuse. | | | | murder, is a killing that carries a lesser degree of |
| Acting in self defense, or in defense of another person, | | | | culpability than murder. |
| is an example of just cause or legal excuse. For | | | | So there you have it - degrees of murder in a nutshell. |
| example, two friends are playing basketball and one | | | | |