First degree in most states, first-degree murder is defined as an unlawful killing …show more content…
Second-degree murder may best be viewed as the middle ground between first-degree murder and voluntary manslaughter. For example, Dan comes home to find his wife in bed with Victor. At a stoplight the next day, Dan sees Victor riding in the passenger seat of a nearby car. Dan pulls out a gun and fires three shots into the car, missing Victor but killing the driver of the car. Some jurisdictions make a distinction between different situations that constitute murder and prosecute the charges differently. These states usually break the crime of murder into first degree murder and second degree …show more content…
For example, Dan comes home to find his wife in bed with Victor. In the heat of the moment, Dan picks up a golf club from next to the bed and strikes Victor in the head, killing him instantly. On the spectrum of homicides, this offense lies somewhere in between the killing of another with malice aforethought (aka, murder) and the excusable, justified, or privileged taking of life that does not constitute a crime, such as some instances of self-defense. Voluntary manslaughter is a separate concept from involuntary manslaughter and has several definitions depending on what state the crime occurs in. Involuntary manslaughter, on the other hand, occurs when someone dies as a result of the defendant's non-felonious illegal act or as a consequence of the defendant's irresponsibility or