Second Degree Murder vs Manslaughter
Understanding the difference between second degree murder and manslaughter is essential, as these terms are commonly used in daily life. Murder and manslaughter are often incorrectly used interchangeably, but they are categorized differently, such as First Degree Murder, Second Degree Murder, Voluntary Manslaughter, and Involuntary Manslaughter. Second Degree Murder is an intentional killing that was not premeditated, while manslaughter involves an unlawful killing without any evil intent to take a life.
Key Takeaways
- Second Degree Murder is an intentional killing that was not planned; the killer intended to kill the victim at the exact moment the crime was committed.
- Manslaughter is an unlawful killing without evil intent or premeditation and is divided into voluntary and involuntary manslaughter.
- Both Second Degree Murder and Manslaughter are committed at a specific moment in time without pre-planning, but they differ in the circumstances surrounding the crime and the presence of intention to kill or cause serious harm.
What is Second Degree Murder?
Second Degree Murder is typically defined as a death resulting from a violent act. This type of murder differs from First Degree Murder, which involves a premeditated and intentional killing. Second Degree Murder is often seen as falling between First Degree Murder and Manslaughter. Most jurisdictions define Second Degree Murder as involving “malice aforethought” but lacking premeditation and deliberation. To prove Second Degree Murder, there must be evidence of the defendant’s intent to cause violence or serious bodily harm or that the defendant intended to act in a way that led to death.
What is Manslaughter?
Manslaughter can be thought of as murder without the mental element, meaning an unlawful killing occurs without malice or evil intent. Like Second Degree Murder, Manslaughter does not involve a prior plan or scheme to commit the unlawful killing. Manslaughter is divided into voluntary and involuntary manslaughter. Voluntary Manslaughter refers to a killing committed in the “heat of passion” due to circumstances that caused severe emotional distress, such as rage or fear. Involuntary Manslaughter involves a death resulting from a negligent act or failure to exercise the legal duty of care, such as drunk driving or reckless driving.
What is the difference between Second Degree Murder and Manslaughter?
• Second Degree Murder requires an intention to cause death or serious bodily harm, even if the act was not pre-planned.
• Manslaughter involves an unlawful killing without the intention to kill or malice aforethought, meaning the mental element of intention is not present.
• Second Degree Murder does not include crimes committed in the “heat of passion,” while Manslaughter primarily involves such crimes.
• The sentence for Second Degree Murder is life imprisonment, while Manslaughter may receive a lesser sentence depending on the circumstances surrounding the crime.
