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Most jurisdictions grade second-degree murder lowerthan first-degree murder and include less serious sentencing options. 1 Most jurisdictions grade second-degree murder higher than manslaughter because it has a more heinous criminal intent. 2Manslaughter is discussed shortly.
KEY TAKEAWAYS
- Second-degree murder is often defined as any murder that is not first-degree murder. Second-degree murder can also be defined as murder committed recklessly, under circumstances evidencing extreme indifference to life.
- Second-degree murder includes implied malice murder, such as murder with the intent to cause serious bodily injury, and depraved heart murders.
- Second-degree murder is graded lower than first-degree murder but higher than manslaughter.
EXERCISES
Answer the following questions. Check your answers using the answer key at the end of the chapter.
- Reread the second question of the exercises in . When Kurt shoots the homeless person in the alley, is this killing first or second-degree murder? Explain your answer.
- Read Berryv. SuperiorCourt, 208 Cal. App. 3d 783 (1989). In Berry, the defendant was charged with second-degree murder when his pit bull attacked and killed a young child. The pit bull had never bitten anyone before this incident. Did the California Court of Appeal uphold the defendant’s murder charge on a theory of implied malice? The case is available at this link: http://lawschool.courtroomview.com/acf_cases/9986-berry-v-superior-court
- Read Dowdav. State, 776 So.2d 714 (2000). Why did the Mississippi Court of Appeals hold that this killing was a depraved heart murder? The case is available at this link: http://courts.ms.gov/images/Opinions/Conv9328.pdf
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