Differences between First, Second and Third Degree Murder, Voluntary Manslaughter, and Involuntary - Research Proposal Example

?Murder and manslaughter are some one of the most serious crimes against humanity. Although definition of these crimes differs in various jurisdictions, they usually attract heavy punishment ranging from lengthy imprisonment to execution if a person is proved beyond reasonable doubt to have committed the crime in a court of law. Both manslaughter and murder involve unlawful killing of a person by another (Blackburn 64). There are different categories of murder and manslaughter. Murder is categorized in three classes, including first, second and third degree murders. Similarly, manslaughter is classified into voluntary and involuntary manslaughter (The Legal Defenders). This paper examines the differences between the aforementioned categories of murder and manslaughter in addition to justifiable homicide. In United States, different states have various definitions for murder and manslaughter crimes. First-degree murder is considered as unlawful killing of a person by another with malice and premeditation (Milgate 199). To convict an offender for this crime, the court of law must prove that the perpetrator had planned or contemplated about committing the crime, had evil intent and conducted the crime with severe malice (Milgate 204). Under Illinois law, a person is guilty of committing first-degree murder if in undertaking the action fulfils one or all of the three conditions. The first condition is the intention to kill, cause severe bodily harm, or be ware that the action has the potential of causing death to a person or a group of people (The Legal Defenders). The second condition is that the person undertaking the action is knowledgeable that the act causes death or has the capacity to cause grievous bodily injury to the targeted individual. Finally, the third condition under Illinois law when a person is culpable of first degree murder is when he or she commits or attempt to commit a violent crime besides the second degree murder(The Legal Defenders). Therefore, some of the actions that could result to a charge and conviction of first degree murder includes ambushing a person, afterthought murder, hiring assassins to kill a targeted individual and killing a person to conceal evidence. Second-degree murder involves carrying out an action that subsequently causes death with malice but without prior plan or premeditation to kill (Emily 650). Under the Illinois law, a person is culpable for second degree murder if the action fulfils the definitions of first degree murder accompanied by one or both of the following conditions. First, the accused person should be acting out of intense emotions that originate from being provoked by another person leading to accidental death of the aggressor (The Legal Defenders). The second condition that a person could be liable for committing second degree murder under the Illinois law is unjustifiable use of force under the guise of self-defense (The Legal Defenders). According to Ressler et al (203), a person is justified to use force on another where there is sufficient reason to believe that the conduct of aggressor is likely to cause grievous bodily damage to him or another person. In situation where there is no sufficient reason to prove the existence of a serious threat presented by the killed person, the person who killed can be held liable for second degree murder. In most situations, second degree murders arise from spontaneous actions such as fights. The legal penalty for the crime is less severe than first degree murder (David, et al 305). However, the crime is categorized as class one felony that could result into imprisonment of between four to twenty years. In some states in the United States, convicted persons are permitted to undergo probation rather than serving prison sentences (The Legal Defenders). Third degree murder is normally subject to different interpretations across different jurisdictions. In most states, third degree murder implies second degree murder or manslaughter depending on the severity and circumstances of the crime. In Pennsylvania for instance, third degree murder is regarded as illegal killing of human being that does not fall in the category of first and second degree murders (Milgate 226). Areas that enforce third degree murder laws generally consider such killings as unplanned, with elements of negligence or irresponsibility. However, Blackburn (59) affirms the intricate interpretation and differentiation of third degree murders from other types of murders in different states. In California for instance, third degree murder is used to differentiate manslaughter from other crimes involving killing of a human being. In the state, manslaughter is considered as death arising from carelessness without the intention to hurt the victim, while third degree murder is death arising from engaging in dangerous or life threatening activity without the intention of killing (Milgate 237). David et al (285) defined manslaughter as the act of killing another person without prior planning. Manslaughter is classified into two categories, namely voluntary and involuntary manslaughter. Voluntary manslaughter is undertaken with an intention to kill or cause severe body harm to a person, while involuntary does not involve the intent to harm or kill (Emily 667). Voluntary manslaughter is usually accompanied by other factors that provoke the suspect to commit the crime (Emily 669). The provocation results into anger and other forms of emotions such as terror, desperation and fright that drive the defendant to kill. Therefore, voluntary manslaughter is sometimes referred as “heat of passion killing” (Milgate 224) To convict a person for manslaughter there must be sufficient evidence for provocation from the victim that could cause rage and loss of self-control in a normal person. The defendant must have no time to cool off, resulting to an instantaneous reaction that causes death or severe injury to the victim (Milgate 119). In this case, the provoking element must be potent enough to cause loss of self-control in a reasonable person. Involuntary manslaughter is the illegal killing of a person without intent (Emily 669). In most regions across the United States, this type of crime is not considered to have occurred from heat of passion but from an inappropriate use of an acceptable skill while undertaking a legal or illegal act (The Legal Defenders). Causing death through negligence and committing an illegal action such as over speeding in restricted areas could amount to charges for involuntary manslaughter. In some American states, third degree murder is some times referred as involuntary manslaughter (Ressler, 47). Justifiable homicide is a murder that occurs without criminal intention and consequently, the offender cannot bear the blame. The justifiable homicide occurs with intent to kill or cause severe body injury, but the law holds adequate reasons to exonerate the offender (David 311). An example of justifiable homicides includes fatal shooting by a law enforcer while undertaking his normal duties under the authority from senior officer. In other circumstances, a private citizen acting in self-defense commits justifiable homicide (Milgate 215). Work Cited Blackburn, R. The Psychology of Criminal Conduct. Chichester, England: Wiley, 1993. David, V., et al. The Organized/ Disorganized Typology of Serial Murder: Myth or Model? Psychology, Public Policy and Law 20.3(2004): 290-319. Emily, Miller. “Woman Slaughter: Voluntary Manslaughter, Gender and the Model Penal Code”. Emory Law Journal 50(2001): 650-696. Milgate, Deborah. “The Flame Flickers, but Burns On: Modern Judicial Applications of the Ancient Heat of Passion Defense”. Rutgers Law Review 51(1998): 196-229. Ressler, R., et al. “Sexual Killers and Their Victims: Identifying Patterns through Crime Scene Analysis”. Journal of Interpersonal Violence 1(1986): 159-205. The Legal Defenders. Chicago Criminal Defense Attorneys. 17 September 2011. http://www.thelegaldefenders.com/murder-attorney-chicago-illinois.html. Read More