What are the seven grades of homicide? Please define each and discuss their elements. Lastly, please discuss how each grade of homicide differs from the others.

Question

What will be an ideal response?

Answer 1

1. Capital Murder:  First-degree murders that are aggravated by specified circumstances and lacking specified mitigating circumstances.  Federal law and statutes in 38 states allow murderers to be put to death if the commission of their crimes includes certain aggravating factors such as previous convictions, special cruelty, vulnerability of the victim, and payment for the murder. These factors are to be weighed against mitigating factors such as impaired capacity of the defendant, relatively minor participation in the crime, and no previous history of crime.
2. First-Degree Murder:  a. Killings that are purposeful, premeditated, deliberate; b. heinous or cruel killings; c. unintentional killings during the commission of a dangerous felony (felony murder); d. outrageously reckless acts creating a risk of death to a number of people (second degree in some jurisdictions). Premeditation is the red flag of first-degree murder. Any passage of time allows reservations against killing to surface. Then, the theory goes, if there are no reservations strong enough to prevent the act, the perpetrator is dangerous indeed.  The perpetrator's indifference to pain in an atrociously brutal killing is enough to aggravate charges to first-degree murder in some states, even when premeditation or deliberation are not shown.
3. Felony Murder: An unintentional killing during the commission of a dangerous felony. The mens rea in the felony transfers to the killing to constitute first-degree murder in most jurisdictions. When such a statute is unrestricted, any death related to a dangerous felony could be included.
4. Second-Degree Murder: a. intended but not premeditated killings evincing a "depraved heart" or wanton recklessness; b. killings resulting from a period of extreme emotional distress, not heat of passion: c. unintentional killings during the commission of a felony (less dangerous felonies than in first-degree felony murder). Second-degree murder, rather than being premeditated or deliberated, arises from the "wanton recklessness," "depraved heart," "depraved indifference," or "outrageous disregard for life" of the killer.  Second-degree murder also is charged when the defendant has suffered extreme emotional distress that accumulates and builds beyond sudden heat of passion, the usual mens rea element in manslaughter.
5. Voluntary Manslaughter: Killings on adequate provocation (heat of passion) of killings when self-defense is not a complete excuse.  Malice aforethought is not an element of voluntary manslaughter, but a specific intent to kill is a requirement in most jurisdictions. Another dividing line between murder and voluntary manslaughter is the culpability of the victim. Generally, a murder victim is relatively innocent, but the victim of voluntary manslaughter has provoked the killing. In typical manslaughter cases, the defendant either defends self or family against the victim's threat with unreasonably deadly force or is provoked by the victim.
6. Involuntary Manslaughter: Reckless or grossly negligent conduct causing death or unintentional killing during the commission of a misdemeanor(misdemeanor manslaughter). It is an unintentional death accompanying an unlawful act (though not the serious felonies included in felony murder).  Other involuntary manslaughter is the result of criminal negligence or recklessness. No intent to harm is required, but a higher level of negligence or recklessness is required than that necessary in civil cases for wrongful death. 
7. Reckless Homicide: Vehicular homicide (not intentional) or negligent homicide.
Some states have separate statutes for vehicular homicide, those deaths caused by reckless or negligent driving. The standards of proof and those for sentencing are less stringent than for involuntary manslaughter. In some states it is a lesser included offense in manslaughter, and in others it is manslaughter.