What is the Difference Between Second Degree Murder and Manslaughter?

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The main difference between second-degree murder and manslaughter lies in the motivation behind the crime and the level of intent involved. Here are the key differences:

  • Second-Degree Murder: This is an intentional homicide that was not premeditated. It occurs when someone acts impulsively or with clouded judgment, leading to one or more targeted deaths. In many cases, second-degree murder happens while committing a felony crime like burglary or robbery. A person committing second-degree murder has full understanding of their actions and kills someone anyway.
  • Voluntary Manslaughter: Also known as "heat-of-passion" crime, voluntary manslaughter occurs when a person kills another person under extreme provocation or in the heat of passion. It involves a circumstance that may cause a reasonable person to become emotionally disturbed or considered as a murder fueled by passion or impulse.

Both second-degree murder and voluntary manslaughter involve killings that were not planned, but the details of the aggression differentiate the two. The punishments for these crimes also vary. Second-degree murder generally carries a prison sentence of between 15 years and life, while voluntary manslaughter sentences can range from 4 to 10 years in prison.

Comparative Table: Second Degree Murder vs Manslaughter

The main difference between second-degree murder and manslaughter lies in the attacker's thought process before and during the commission of the crime. Both are forms of homicide, but murder is considered more severe because it involves a deliberate intent to harm or kill. Here is a table summarizing the differences between second-degree murder and manslaughter:

Second-Degree Murder Manslaughter
Intentional homicide, but not premeditated Unintentional or unpremeditated killing due to a strong provocation, heat of passion, or accident
Acting with clouded judgment or impulsively Killing without intent, but with a conscious disregard for human life
Examples: Killing after a verbal dispute that escalates physically, resulting in an impulsive act Examples: Killing someone in the heat of passion or during a dangerous but unlawful misdemeanor act
Punishment: Decades of prison, life sentence(s) with or without parole, or death penalty Punishment: A few years to a decade of prison, supervised release, or parole