Murder is when one human being kills another, which is intentional, unlawful, and involves malice aforethought or intent to cause serious physical harm. Manslaughter, on the other hand, is also an unlawful killing without any malice that can occur accidentally, in self-defense, or unintentionally.
Whenever a case of homicide happens, we call it murder or manslaughter. These two commonly confused words mean different things.
Table of Contents
Difference Between Murder and Manslaughter
| Murder | vs | Manslaughter |
| Murder is an intentional killing with malice aforethought. Such crime is thought and planned | Definition | Manslaughter is an unintentional killing without malice aforethought. But murder due to heat of passion also is considered manslaughter. |
| First-degree murder Second-degree murder Felony murder | Types | Voluntary manslaughter Involuntary manslaughter Vehicular manslaughter Other types of manslaughter |
| Uncertain | Possibility of parole | Uncertain |
| Life imprisonment for first-degree murder | Homicide Penalties | No life imprisonment for second-degree murder, but the imprisonment is usually a decade long Up to 10 to 15 years of prison sentence for manslaughter |
| The accused generally consults with a criminal defense attorney for the murder or criminal charges | Consulting with Attorney | Manslaughter is also a serious crime, so consulting with a criminal defense attorney is crucial |
What is Considered Murder?
When a person kills another person in a way that is intentional, unlawful, and involves malice aforethought, it’s called murder.
Here, unlawful means against the lawful killing of police or army during the war, shoot out, etc. Malice aforethought again implies a state of mind where an individual feels-
- The intent is to inflict severe physical harm.
- Intent to kill.
- Intent to commit a serious felony, which resulted in murder.
- Extremely reckless disregard for human life resulted in death.
There are different degrees of murder, and most states consider these same degrees even though the law of murder may differ in every state.
Degrees of Murder
First-degree murder (Premeditated murder)
A deliberate and planned murder is regarded as a first-degree murder where the accused premeditated the crime before committing it.
The law declares first-degree murder charges based on other evidence at the crime scene.
Some states, but not all, charge an accused with first-degree murder based on premeditation.
Other circumstances included in first-degree murder can include:
- Multiple killings
- Depraved actions
- The killing of a police officer
- Outrageous actions
Second-degree murder (Unpremeditated murder)
Second-degree murder is when the killer’s intention was not to murder but to inflict serious bodily harm.
Unpremeditated Definition
The definition of unpremeditated differs from state to state. Some states abide by the definition previously mentioned. Other states call it an intentional killing, but without premeditation, a second-degree murder.
Some others also call the demonstration of utter negligence to human life second-degree murder.
Third-degree murder (Felony murder)
Only a few states have a criminal system that includes felony murder. Such states charge a person with third-degree murder when the accused was not directly involved in the murder of a person and was a part of the crime scene.
Example of Third-degree Murder
For instance, Bob and Harry rob a bank, and Bob kills the guard during the confrontation. Now Bob will be charged with first-degree murder, whereas Harry will be charged with felony murder.
Harry didn’t kill the guard, but he was a part of the robbery.
What is Considered Manslaughter?
Manslaughter is another form of homicide where a person kills another human being without malice. Manslaughter is an unpremeditated murder.
Types of Manslaughter
Voluntary Manslaughter
Voluntary manslaughter is a situation where the murderer may have the intent to kill the victim, or they might have premeditated the murder. But the law decides to reduce the charges to manslaughter under special circumstances.
Example of Voluntary Manslaughter
When a parent sees their child being hurt by someone, they may react in the heat of passion and kill the opposite person. This is considered voluntary manslaughter.
Involuntary Manslaughter
Involuntary manslaughter takes place due to extreme criminal negligence or reckless behavior. It’s also referred to as an unintentional murder but is not the same as a felony.
Examples of Involuntary Murder
- Utter negligence and recklessness to criminal law resulted in a murder
- Didn’t intend the crime or murder
- Accidental disregard for human lives that lead to death
Vehicular Manslaughter
Vehicular homicide occurs when someone didn’t intend to kill or cause serious physical injury or kill someone, but operated the vehicle with gross negligence that resulted in a murder.
Such unintentional killing may occur when a drunk driver kills someone, or an accident occurs due to reckless driving.
Other Charges of Manslaughter
If an intoxicated person kills someone, it will also be considered manslaughter. Other than that, in the killing of another person under any circumstances where it wasn’t planned or intentional, the accused will have to face manslaughter charges.
If you’ve enjoyed this post, check out our article comparing police versus sheriff.