Murder vs Manslaughter

Murder is the killing of a person with malice.

Manslaughter is the unlawful killing of a person without malice.

What is Malice?

Malice is a legal term referring to a party’s intention to do injury to another party.

There are two types of malice:

     Express malice – intended to kill the victim

     Implied malice – showed a disregard for human life

If you cannot prove malice then the killing will fall under manslaughter, not murder.

If there is malice then it will be categorized under murder charges. There are two degrees of murder charges in most states.

First Degree vs Second Degree Murder

First-degree murder – when someone is killed with premeditation, deliberation, or lying in wait. First-degree murder requires both Premeditation and Deliberation

     Premeditation – They decided to commit murder before the crime happened.

     Deliberation – They weighed the pros and cons of murder, then committed the crime knowing the consequences.

Second-Degree Murder – Someone was killed by an intentional act but it was not previously contemplated. This may happen because the attacker intended to only cause harm initially.

Manslaughter

Killing someone without malice. Also known as unintentional killing.

Two types of manslaughter:

     Voluntary – someone is killed in the heat of the moment out of passion or provocation.

     Involuntary – someone is killed by an unlawful act or a negligent lawful act