Which is worse : First Degree Murder or Second Degree Murder?

[Kenji4861]

For some reason, unlike burns or level in Tae-Kwon Do, I always thought First Degree murder was worse than Second Degree murder.

I read their descriptions on google, but both seem to be the same thing. Both intentionally planning and killing a person.

So which is worse?

 

[Antisocial Virge]

First Degree

 

[Zebo]

I'm guessing you gets more jail time for first degree because you premediated it. Worse for who?

 

[Rufio]

1st.

 

[slikmunks]

Originally posted by: Rufio
1st.

 

[yellowperil]

Both involve malicious intent but first degree requires an extra element of premeditation, and not done in a heat of passion. Most places 1st can get you the death penalty while the max for 2nd is life.

Some legal scholars think the distinction should be eliminated since some courts have found that premeditation can be formed within a couple minutes.

 

[udonoogen]

think 1st also includes malice aforethought.

 

[iwearnosox]

Worst in California is "special circumstances." I helped put a guy on death row because of it. Includes special things like hate crimes, lying in wait, murder in the comission of a felony, etc.

It has to be in conjunction with murder one of course.

 

[eplebnista]

Originally posted by: slikmunks

Originally posted by: Rufio
1st.

 

[roncarter]

1st

 

[Codewiz]

Originally posted by: iwearnosox
Worst in California is "special circumstances." I helped put a guy on death row because of it. Includes special things like hate crimes, lying in wait, murder in the comission of a felony, etc.

It has to be in conjunction with murder one of course.

Hate crimes ARE LAME. If you killed a person the punishment should be the same as everyone else. If you killed someone you probably hated the person.

I just feel that if you kill someone in the 1st degree you should spend life in prison without parole. I personally don't care if it was a "hate" crime.

 

[guyver01]

Originally posted by: Codewiz

Originally posted by: iwearnosox
Worst in California is "special circumstances." I helped put a guy on death row because of it. Includes special things like hate crimes, lying in wait, murder in the comission of a felony, etc.

It has to be in conjunction with murder one of course.

Hate crimes ARE LAME. If you killed a person the punishment should be the same as everyone else. If you killed someone you probably hated the person.

I just feel that if you kill someone in the 1st degree you should spend life in prison without parole. I personally don't care if it was a "hate" crime.

To quote south park "aren't all crimes, a hate crime? If you liked someone, you wouldnt be committing a crime against them."

 

[Spac3d]

Originally posted by: eplebnista

Originally posted by: slikmunks

Originally posted by: Rufio
1st.

 

[Codewiz]

Originally posted by: guyver01

Originally posted by: Codewiz

Originally posted by: iwearnosox
Worst in California is "special circumstances." I helped put a guy on death row because of it. Includes special things like hate crimes, lying in wait, murder in the comission of a felony, etc.

It has to be in conjunction with murder one of course.

Hate crimes ARE LAME. If you killed a person the punishment should be the same as everyone else. If you killed someone you probably hated the person.

I just feel that if you kill someone in the 1st degree you should spend life in prison without parole. I personally don't care if it was a "hate" crime.

To quote south park "aren't all crimes, a hate crime? If you liked someone, you wouldnt be committing a crime against them."

VERY TRUE!!!! 🙂

Well I understand the desire to punish a skinhead nazi for killing a Jew MORE but I feel that the killing alone is enough. Throwing an extra "hate" crime charge is unneccessary and stupid if the courts punish the criminal correctly on the real crime.

 

[datalink7]

Originally posted by: guyver01

Originally posted by: Codewiz

Originally posted by: iwearnosox
Worst in California is "special circumstances." I helped put a guy on death row because of it. Includes special things like hate crimes, lying in wait, murder in the comission of a felony, etc.

It has to be in conjunction with murder one of course.

Hate crimes ARE LAME. If you killed a person the punishment should be the same as everyone else. If you killed someone you probably hated the person.

I just feel that if you kill someone in the 1st degree you should spend life in prison without parole. I personally don't care if it was a "hate" crime.

To quote south park "aren't all crimes, a hate crime? If you liked someone, you wouldnt be committing a crime against them."

Hardly. Maybe murder in the 1st degree, but most Rapist don't hate their victims. They want power over them.

Or you are robbing a store and the cops come in so you shoot one trying to get away. You don't hate the cop necessarily, you just shoot them to get away.

Or you stick up a bank, and someone refuses to open the vault. You beat the crap out of them. You don't necessarily hate them, you just want them to open the vault.

etc. etc.

 

[dullard]

Under the law 1st degree is worse. However in reality, who would you want to be near: someone who spent time and effort to plan and kill his/her one main enemy (a 1st degree murderer) or someone who just snaps and kills the nearest person (2nd degree murderer). By far I'd rather be near the 1st degree murderer (you are safe if you aren't their #1 enemy and if you are the #1 enemy you can just move far far away). Thus I think 2nd degree murderers should always be locked up for life. I think 1st degree murders should in some cases be free.

 

[clamum]

both are pretty equal IMO. either way you fvcking killed someone and your @ss should be punished.

 

[yowolabi]

Originally posted by: Codewiz

Originally posted by: guyver01

Originally posted by: Codewiz

Originally posted by: iwearnosox
Worst in California is "special circumstances." I helped put a guy on death row because of it. Includes special things like hate crimes, lying in wait, murder in the comission of a felony, etc.

It has to be in conjunction with murder one of course.

Hate crimes ARE LAME. If you killed a person the punishment should be the same as everyone else. If you killed someone you probably hated the person.

I just feel that if you kill someone in the 1st degree you should spend life in prison without parole. I personally don't care if it was a "hate" crime.

To quote south park "aren't all crimes, a hate crime? If you liked someone, you wouldnt be committing a crime against them."

VERY TRUE!!!! 🙂

Well I understand the desire to punish a skinhead nazi for killing a Jew MORE but I feel that the killing alone is enough. Throwing an extra "hate" crime charge is unneccessary and stupid if the courts punish the criminal correctly on the real crime.

I agree. Why make a distinction for premeditation? Why make a distinction for doing it during another crime? All murderers should get life in prison, regardless of if they hired a hit man, caught someone cheating and shot them on the spot, tortured them first, or shot someone because they were gay.

 

[Aquaman]

Originally posted by: Antisocial-Virge
First Degree

 

[Mday]

murder has intent

1st degree is premeditated, ie you thought and planned stuff
2nd degree, well, it's not as planned out and thought out

manslaughter has no real intent
degrees may not exist depending on local laws, see above with respect to murder. ie, 1st is premeditated action causing death without intent to kill

--

laws vary locally.