What are the degrees of murder?

Answer 1

First degree: killing with the intent to kill. Usually requires premeditation. Also includes felony murder - an unplanned murder that occurs during the commission of a felony (example is defendant burglarizes a house and during the burglary kills the homeowner - no premeditation but committed during a felony).

Second degree: killing with the intent to do harm but not the intent to kill. Example - shooting someone in the leg with the intent to wound but not kill, and the victim bleeds to death.

Third degree: killing that resulted from indifference or negligence. Usually there must be a legal duty (parent - child), but can also include crimes like driving drunk and causing a fatal accident.

Fourth degree: felony murder committed by an accomplice. Same as felony murder, but instead of one burglar there are two. Burglar A kills the homeowner and that is first degree murder. Burglar B did not take part in the killing but did take part in the burglary and that is fourth degree.

These are old terms that are now all but useless except in studying the history of criminal law. The definition of murder is now a matter of whatever the statute in a given state says, even though some may still use the terms.

Answer 2

Murder in the first degree is the wilful, deliberate, malicious and premeditated killing of a human being. Malice, wilfulness, premeditation and deliberation, these four things, must co-exist before a defendant can be convicted of murder in the first degree. And the burden is upon the State of Alabama in this case to convince you gentlemen of the jury beyond a reasonable doubt, and to a moral certainty, that these four elements did co-exist before the defendant can be convicted of murder in the first degree, the highest degree of unlawful homicide. MURDER IN THE SECOND DEGREE Murder in the second degree is the unlawful killing of a human being with malice. but without premeditation and deliberation. And whenever one person unlawfully and with malice aforethought, but without premeditation and deliberation, kills another person it is murder in the second degree. Premeditation and deliberation, as I have heretofore defined these terms, while necessary to constitute a homicide murder in the first degree, are not essential elements of murder in the second degree, which is simply the unlawful killing of a human being with malice, but without premeditation and deliberation - http://www.law.ua.edu/colquitt/crimmain/crimmisc/jurymur.htm

Answer 3

murder with maliceafore thought( premeditated )