murder in the second degree


murder in the second degree
The killing of a person by intent but without premeditation or deliberation, or, as otherwise stated, without malice aforethought or express malice. 26 Am J1st Homi § 38. Roughly stated, any offense of murder not in the first degree. Murder without express malice or a state of facts justifying or excusing the killing or reducing the offense to manslaughter. Often defined by statute as the killing of a person perpetrated by any act imminently dangerous to others and evidencing a depraved mind regardless of human life, although without any premeditated design to effect the death of any person. 26 Am J1st Homi § 43.

Ballentine's law dictionary. . 1998.

Look at other dictionaries:

  • murder in the second degree — noun second degree murder …   Wiktionary

  • second degree murder — See murder in the second degree …   Ballentine's law dictionary

  • second degree murder — An unpremeditated killing, resulting from an assault in which death of the victim was a distinct possibility. Second degree murder is different from first degree murder, which is a premeditated, intentional killing; or results from a vicious… …   Law dictionary

  • second-degree — second de gree adj 1.) second degree burns the second most serious form of burns →↑first degree, third degree ↑third degree 2.) second degree murder/assault/burglary etc AmE a crime that is less serious than the most serious type, especially… …   Dictionary of contemporary English

  • murder, second-degree — n. An unlawful killing without deliberation or premeditation but with malice aforethought. The Essential Law Dictionary. Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008 …   Law dictionary

  • second-degree — 1) ADJ: ADJ n In the United States, second degree is used to describe crimes that are considered to be less serious than first degree crimes. The judge reduced the charge to second degree murder. 2) ADJ: ADJ n A second degree burn is more severe… …   English dictionary

  • second-degree — | ̷ ̷ ̷ ̷ ̷ ̷| ̷ ̷ adjective Etymology: from the phrase second degree : of a degree next to the first; specifically : of a degree of criminal culpability or seriousness next to first degree second degree murder …   Useful english dictionary

  • second degree crime — A crime of lesser gravity than a first degree crime. Some states have first, second and third degree crimes and the punishment for each varies according to the degree. See e.g. second degree murder …   Black's law dictionary

  • second-degree — /ˈsɛkənd dəgri/ (say sekuhnd duhgree) adjective of a degree which is next in seriousness to the first degree, either more serious, as second degree burns or less serious, as second degree murder …   Australian English dictionary

  • second degree murder — The unlawful taking of human life with malice, but without the other aggravating elements of first degree murder; i.e. without deliberation or premeditation …   Black's law dictionary