The Differences between First Degress Murder, Second Degree Murder, Research Proposal

The Differences between First Degress Murder, Second Degree Murder, Third Degree Murder, Voluntary Manslaughter, and Involuntary - Research Proposal Example 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). 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 situat ions, 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).