Unfortunately, when you are
looking for the differences between murder and manslaughter, someone has still
been killed. Someone lost their life. It may be a brutal homicide that took a
deranged killer years to plot and plan, or it might be someone talking on their
cell phone, missing a stop sign, and running over a pedestrian. While one event
is a heinous crime and the other a terrible accident, someone is still dead.
The distinctions between murder and manslaughter are much more interest to the courts and the
killer, rather than the victim, who is no longer with us.
Definition of Murder and Manslaughter
Murder ‘“is defined by both English
and American courts as using violent means to deprive another human being of
life with malicious intent.
Manslaughter ‘“also has a similar
definition in England in America. It refers to taking the life of another human
being but without malice.
The most important
distinction between murder and manslaughter is the intention in the mind of the
killer. Murder is the successful attempt to kill someone whereas manslaughter
is the horrible outcome of an unintentional action.
Degrees of Murder and Manslaughter
Murder has three different degrees
in the United States. All three degrees still indicate that the killer had the
intention of harming or killing his victim in mind before committing the
action.
1st degree murder refers to any murder that
was premeditated”
2nd degree murder refers to a homicide that
took place at the same time as another felony (e.g. killing a bank teller
during a robbery)
3rd degree murder refers to death that takes
place when the original intent was simply to harm the victim
Manslaughter has two different
categories depending on whether or not the homicidal actions were planned
before they took place.
Voluntary manslaughter in most common, when the
convicted can prove temporary insanity. It is also used if a person has been
provoked to commit actions they wouldn’t normally engage in.
Involuntary manslaughter is the charge levied when
someone accidentally kills someone else while committing a misdemeanor and had
no intention of killing anyone. Throwing a brick through a window and killing
someone from the blow is an example. It can also happen if a professional
charged with keeping a patient alive is negligent in his duty and the patient
dies as a result.
Now, hitting someone with your car while being intoxicated is one
of the most common causes of involuntary manslaughter.
Punishment of Murder and Manslaughter
Murder generally brings a life
prison sentence and may maybe the death penalty in most American states.
Manslaughter is usually punished with a
short or suspended prison sentence, a fine, and community service, depending on
the circumstances.
So:
·
Murder differs from manslaughter because the former is done
with malicious intent.
·
Murder happens when someone dies because of a planned murder or
the outcome of a felony or beating whereas manslaughter happens when someone
dies because of negligence, the outcome of a misdemeanor, or from a car
accident.
·
The punishment for murder is far harsher than for
manslaughter.
-bird