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The Dilemma: You have this, uh, friend. Yeah, that’s it—a friend. And he’s gotten himself into a little bit of a, um, predicament. He just needs some legal advice, that’s all.
People You Can Impress: the whole gang down in Cell Block C. Love you guys!
The Quick Trick: Did your “friend” plan the crime ahead of time? If so, it’s murder.
The Explanation:
Most of the world’s legal systems distinguish between cold-blooded killings, crimes of passion, and accidental (but still unlawful) deaths. In America, “murder” applies to deaths involving some period of premeditation. But this is a little problematic, because the period of forethought and planning can comprise years or a fraction of a second. Technically, all purposeful crimes involve some measure of premeditation—i.e., there’s always a moment between your brain sending the signal to shoot and your hand squeezing the trigger. So it falls to the jury to decide what constitutes adequate forethought and planning to be called murder. The typical sentence for murder in America is either 25 years in prison or life without the possibility of parole; only about 2.5 percent of murders nationwide result in death sentences.
If it’s not quite murder, but was still done on purpose, then it might be “voluntary manslaughter.” (Take the classic example of the cuckolded husband who catches his wife in the sack with another man and snaps.) Known as “Man 1” on the 37 varieties of Law & Order, voluntary manslaughter generally results in a sentence between 15 and 20 years in prison. A third category, “involuntary manslaughter,” covers situations in which the killing is neither planned nor intentional—for instance, convincing your buddy that riding his bike off a cliff would be totally rad. The most common variety of involuntary manslaughter stems from drunk driving: In 2004, 16,694 Americans were killed in alcohol-related car crashes.
It May Be a Small World . . .
. . . but criminal law still differs widely from nation to nation:
In Japan, the worst sentences are reserved for people who kill their own descendants. In Italy, punishments may be lessened if killers can prove they acted to avenge their honor.
Murder Was the Case That They Gave Me
“187” has become ubiquitous slang for murder thanks to rappers like Snoop Dogg (who was once acquitted of murder). Why? Section 187 of the California Penal Code covers murder—but that’s not always the case. In Texas, for instance, murder isn’t a 187 but a 19.03, which doesn’t roll off the tongue quite as well.
For more What’s the Difference columns, be sure to click here.
Comments (9)
Comment
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so what is the difference between 1st degree, 2nd degree, and manslaughter?
posted by katherine on 7-23-2008 at 4:53 pm
“‘Cause it’s 187 on an undercover cop…” Classic rap lyric..
posted by kevin on 7-23-2008 at 5:44 pm
And are only important people assassinated?
posted by Lisa on 7-23-2008 at 6:29 pm
@ Lisa
according to wikipedia and the Merriam-Webster Dictionary, assassination is the killing of a high profile/prominent person. so yes….only important people.
reCAPTCHA: shotput danger
posted by Claire on 7-23-2008 at 7:20 pm
What do the viewmasters in the banner have to do with anything? They confuseth me.
posted by Kirk on 7-23-2008 at 10:20 pm
I usually don’t just post the reCAPTCHA but today I have to.
quickest longer
now you see why.
posted by Owen on 7-24-2008 at 1:12 am
Kirk,
My guess is that they use the Viewmaster because a Viewmaster uses 2 slightly different images to create a 3D effect. Looking at the two images side by side they look about the same.
posted by John on 7-24-2008 at 9:27 am
“In 2004, 16,694 Americans were killed in alcohol-related car crashes.”
It boggles my mind that people still drive drunk, and that people have webpages devoted to ways to “beat” the breathalyzer. I bet some of those drunk drivers who killed people are now wishing that they had been “hassled” by some cop with a breathalyzer.
Sorry for the rant, but I think that drunk driving is one of the most selfish acts a person can commit.
posted by Jaclyn on 7-24-2008 at 1:28 pm
Katherine,
I got this one, I’m currently studying for the Bar and that is one of those pesky little questions they like to spring on you.
Not all jurisdictions have the same definitions, but in general:
1st Degree: intent to kill, intent to do serious bodily harm, depraved heart or highly reckless actions, and felony murder (killed someone while committing a felony). Basically if you really wanted to hurt the person and you were pretty sure they could die from it, you committed first degree murder.
2nd Degree: everything that doesn’t fall into 1st Degree and Manslaughter
Manslaughter comes in two varieties: Voluntary and involuntary.
Voluntary: you were in a passion when the homicide occurred. For instance you walked in on your wife in bed with another man and you killed them both.
Involuntary: criminal negligence (ex: fell asleep at the wheel) or misdemeanor manslaughter (accidentally killed someone while performing a misdemeanor).
And that’s all I have on the subject. I think fate is telling me I need to be studying for the bar instead of reading Mental Floss. Annoying fate.
posted by Shan on 7-24-2008 at 3:42 pm