What's the difference between manslaughter, 2nd degree murder, and culpable homicide?
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flo (
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December 17th, 2015
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9 Answers
This site may be able to give you more comprehensive definitions.
2nd degree murder is killing someone (perhaps in a fit of rage), but not premeditating it.
Manslaughter is causing someone’s death without intent. It has two degrees as well: voluntary and involuntary.
Culpable homicide is when something that you do and shouldn’t be doing results in someone’s death: drinking or texting when driving.
Realize that if someone is charged with a crime and the DA offers a plea bargain, the precise definition won’t matter a whole lot. It will be more a matter of what the criminal is offered and pleas to.
The major difference will be the number of years served, with 2nd Degree Murder being the most serious out of those three.
I don’t get it though. Is drinking and driving is given as an example for both manslaughter and culpable homicide?
I think homicide is a general term for all killing of persons by other persons. Homicide therefore includes both murder and manslaughter as subsets. Culpable homicide excludes killing in self-defense.
1st degree murder: intent and premeditation
2nd degree murder: intent, but no premeditation
manslaughter: no intent, no premeditation, but the killer is still to blame for the death
Culpable homicide is a general term that includes all of the above.
I think a drunk driver who unintentionally kills someone would usually be charged with manslaughter, not 2nd degree murder, but it might depend on the circumstances and the prosecutor.
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