Murder 1 or Not?

Good morning my people, Reading the information and hearing the new stories surrounding the Trayvon Martin case, I have heard the terms "murder 1" thrown about quite a bit. I'm also a big fan of the CSI's, Bones, and those type shows so I hear these all the time. Not being a legal expert, I decided to look up the degrees of murder to have a full understanding of the circumstances that mandate one over the other and found this useful guide on answers.com. I wanted to share it with you in hopes that perhaps it would give you a clear indication of what the terms mean as they are being thrown around in our everyday news intake. (If you already knew- consider it a quick reminder) Classical legal definition: Note that eash US state creates their own definitions for crimes. They can vary from place to place. The following is a good guide: First Degree Murder:, AKA Murder 1- Murder with malice aforethought. This classically requires Mens rea and Actus Reas -- evil intent and evil act. So 1st degree would include: Premeditated murder (Usually includes poisoning) Lying in wait (ambush) Murder for hire Murder to cover evidence Second Degree Murder, AKA Murder 2- Murder with intent but without planning. The murderer must intend to kill the victim, and succeed in the killing, but will not have planned ahead of time to do this. This would include a killing made spontaneously during a bar fight, for instance. So again, there is intent to kill and the act of killing -- hence murder. Manslaughter: Manslaughter requires a homocide without intent. Typical classes are Accidental, Negligent, Reckless (Endangerment leading to). Most often, manslaughter invovles a homocide during the commission of a (lesser) crime, without intent to kill. Special Circumstances. In departure from classical murder charges, Murder 1 or 2 may now be charged in: Cases of DUI, where there is a fatality (even though there is no determined intent). Special Circumstances: During the commission of a certain class of felony (varies between jurisdiction), someone is killed by the perpetrator of the felony, but without any intent to kill. Also referred to as Felony Murder Rule, if you commit murder while committing a felony, it is 1st Degree Murder. Special Circumstances -- Police Action. In some states, during the commission of a felony, if the police, acting to apprehend the perpetrator, accidentally commit a homocide, either of an innocent bystander, a fellow officer or another suspect, the perpetrator may be charged with murder (often in the 1st degree). If, when avoiding aprehension, a TVA* fatality occurs, the perpetrator may be charged with murder (1st usually) even in the absense of intent. Note that Special Circumstances are a deviation from the classical formula for murder, which required a homocide and specific intent. Happy Wednesday!