Difference between First and Second Degree Murders

By Jaxson

Main Difference

Murder refers to the unlawful killing of another person. It is a criminal activity. Almost every country have strict punishment for murderer. Most of the countries have classified the murder into degrees of first-degree murder, second-degree murder, third-degree murder (voluntary manslaughter), and fourth-degree murder (involuntary manslaughter). The main difference between first degree murder and second degree murder is that first degree murder in a predetermined and intentional murder while second-degree murder is not a predetermined murder.

First Degree Murder

First-degree murder refers to the deliberate and predetermined killing of another person. The punishment of committing first-degree murder varies in country to country. However, life imprisonment or death sentence is the final punishment in case of first-degree murder. For examples, Michael find his wife with Vroom in the bed. Next day he sees Vroom setting in front of him in a bus. He pulls out the gun and fires on him and kills him at the spot. It is called first-degree murder because the murderer actually thought about the murder before it occurred.

Second Degree Murder

Second-degree murder refers to the intentional murder with malice aforethought of another person but it is not planned in advance or predetermined. The committing of second-degree murder varies from country to country. In many countries, the punishment for committing second-degree murder is term of years to life or life imprisonment. It can be classified as middle ground between first-degree murder and voluntary manslaughter. For examples, Michael find his wife with Vroom in the bed, Next day he sees Vroom setting in front of him in a bus. He pulls out the gun and fires on him, missing Vroom but killing the bus driver.

Key Differences

  • Both first-degree murder and second-degree murder are intentional murder of another person with the difference that second-degree murder is not planned in advance as compare to first-degree murder that is predetermined.
  • Punishment of first-degree murder is life imprisonment or death sentence while punishment of second-degree murder is term of years to life.
  • Use of poisoning, bombing, assault with a weapon, torture, murder committed during a felony are apparent evidence of first-degree murder while second-degree murder can be committed by any weapon.

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