Quote:
Originally Posted by MUD  For the prosecutor to come out of the gate with a charge of 2nd degree murder, smells like the fix is in. What is 2nd? "Yes, I pointed the gun at the victim and pulled the trigger but I thought the gun was empty" or, ok, " I knew the gun was loaded and I did pull the trigger but I could've swore the safety was on" |
Those situations more closely resemble manslaughter. You didn't mean to kill them but through your negligence or stupidity you took their life.
Second degree murder means you killed them willingly and you meant to do it but you didn't plan it out in advance.
First degree can be VERY difficult to prove.
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