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The unlawfull killing of another human being with malice aforethought. =D
When the killing was planned and deliberate, when the victim was a member of law enforcement, or when the killing occurs in conjunction with another offence such as sexual assault, kidnapping or hijacking
Murder in the 1st degree-In most states, first-degree murder is defined as an unlawful killing that is both willful and premeditated, meaning that it was committed after planning or "lying in wait" for the victim..Most states also adhere to a legal concept known as the "felony murder rule," under which a person commits first-degree murder if any death (even an accidental one) results from the commission of certain violent felonies -- usually arson, burglary, kidnapping, rape, or robbery.

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Second-degree murder in most States is ordinarily defined as 1) an intentional killing that is not premeditated or planned, nor committed in a reasonable "heat of passion" or 2) a killing caused by dangerous conduct and the offender's obvious lack of concern for human life.

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Third-degree murder (most always called Manslaughter)

In most States if a murder does not qualify by statute for first-degree murder,or second-degree murder. Then it may be classed as 3rd degree murder (Manslaughter) this occurs if mitigating factors were involved in the killing, such as adequate provocation by the victim, or the absence of intent or recklessness on the part of the defendant.
Usually describes pre-mediated (i.e.: pre-planned) murder.
In most states, first-degree murder is defined as an unlawful killing that is both willful and premeditated, meaning that it was committed after planning or "lying in wait" for the victim. For example, Dan comes home to find his wife in bed with Victor. Three days later, Dan waits behind a tree near Victor's front door. When Victor comes out of the house, Dan shoots and kills him. Most states also adhere to a legal concept known as the "felony murder rule," under which a person commits first-degree murder if any death (even an accidental one) results from the commission of certain violent felonies -- usually arson, burglary, kidnapping, rape, and robbery. For example, Dan and Connie rob Victor's liquor store, but as they are fleeing, Victor shoots and kills Dan. Under the felony murder rule, Connie can be charged with first-degree murder for Dan's death

From: criminal.findlaw.com

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12y ago
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11y ago

must be A person

Kills and individual

without lawful justification

with intent to that individual or another

known act will cause death

causes death or harmful to

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10y ago

Murder is defined as the intentional unlawful malicious killing of a human being by another.

An accidental killing is not murder. A killing in self defense is not unlawful, nor is executing a condemned man. A death between soldiers in combat is still governed by law (laws of land Combat) but is generally not unlawful. You cannot murder an animal. The murderer must have intended to do evil to the other person.

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Q: What are the elements of first degree murder?
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What is the deference in sentencing for the first degree murder and scond degree murder?

First degree murder: premeditated and intentional killing of another, and culpable mental state. Second degree murder: knowingly killed someone.


Difference between first and second degree murder?

First-degree murder is premeditated and intentional, while second-degree murder is committed without premeditation but with malice aforethought. First-degree murder typically carries a higher level of intent and planning than second-degree murder.


What is worse 3rd degree or first degree murder?

1st degree is worse because you get a longer prison sentence and you plan on the murder, you go into the crime intentionally killing that person.


What is the difference between first degree murder charge and an open count of murder in Florida?

First degree murder is premeditated. Second degree murder is intentional but without premeditation. Third degree is criminally negligent.


Unlawful killing of another human being with malice aforethought?

First Degree Murder


What is the Mens Rea for first degree murder?

Mens Rea - the act of a guilty mind. First Degree Murder is a pre-meditated crime. That in itself is indicative of the Mens Rea of the perpetrator. The elements of Mens Rea are that the act was done: purposely - knowingly - recklessly - and negligently.


What does 1 degree murder mean?

Although the wording may be different in different states, the meaning is the same. The crime of first-degree murder is the act of committing an unlawful killing that is willful or premeditated.


What is worse first degree or 3rd degree?

1st degree murder is worse.


What is the difference between first degree murder and first degree felony murder?

Nothing is different between 1st degree murder and 1st degree felony murder. The only difference is the addition of the word "felony". In fact, both are the same crime and both are felonies, so "1st degree felony murder" is a redundant term.


What is the mens rea for 1st degree murder?

Mens Rea - the act of a guilty mind. First Degree Murder is a pre-meditated crime. That in itself is indicative of the Mens Rea of the perpetrator. The elements of Mens Rea are that the act was done: purposely - knowingly - recklessly - and negligently.


What is Second degree murder charges?

In Canada if a person still has three prior assault charges pending,what happens when he gets a new charge of second degree murder? could he get out on bail,and how much jail time is he looking at?


What is the difference between first and second degree murder in state of Florida?

First Degree Murder means that the crime was pre-meditated. Second Degree Murder means that death was caused but the actual killing may not have been pre-meditated beforehand.