Difference Between 1st Degree and 2nd Degree Manslaughter


Manslaughter is also called as murder. Manslaughter or murder is an act of killing a human being and it is also considered as one of the serious crimes that a man can do. High rate of murder case is considered as one of the biggest problems that many countries around the world are suffering. Murder is a case with many classification and jurisdictions in accordance to scenario, severity of the crime, premeditation, the manner in which the murder has been carried out by the person and the intention of the person of killing someone. The measurement of punishment also varies in accordance to the categorization of the crime made by the person. Categorization of the murder degrees are classified as 1st and 2nd Degree Murder. The law regulatory body set murder degrees to be able to determine the brutality and the severity of the murder act done by the culprit or the criminal. There are some criteria that can help the legal system decide whether the murder is under 1st and 2nd Degree Murder.

What is 1st Degree Murder or Manslaughter?

The 1st Degree Murder or Manslaughter is the most scandalous and brutal way of murder done by the criminal to kill someone. The 1st degree is a category of murder in which the criminal made a crime carrying manslaughter premeditates and plan to kill the person. Planning to kill someone shows that the person has motives. It is also a murder ground that proves that the person intentionally killed the person because he or she able to do some planning and murder premeditates. Murder premeditates is one factor that proves 1st Degree Murder.

What is the 2nd Degree of Murder?

This is the type of murder act in which murder premeditation and planning to kill the person is usually lacking. It means that the person who killed the victim did not make any premeditation in advance to kill a person. Murder cases that fail to qualify under the 1st Degree of murder are automatically classified as a 2nd degree murder case and the criminal will considered as a 2nd degree murderer.

Comparison of 1st and 2nd Degree Murder or Manslaughter

1. Murders with the intention to kill someone are classified under the 1st Degree Murder while murder crimes that the criminal did not make any murder premeditations will fall under the 2nd Degree of Murder.

2. 1st Degree of Murder also includes other criminal cases such as bombing, arson, rape and other crimes while in the 2nd Degree Murder such criminal cases lack in the case.

3. 1st Degree Murder is considered a serious criminal offense than the 2nd Degree murder cases.

4. Death penalty or life time imprisonment will be the punishment for murderers who committed 1st Degree Murder while murdered who committed 2nd Degree Murder will obtain 10-25 years imprisonment.

5. Murderers who committed 1st Degree Murder are not qualified to apply for parole while murderers who committed 2nd Degree murder may have the chance to obtain parole in accordance of some factors.