Originally posted by Sam
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Second Degree Murder
Second degree murder is the criminal act of killing another person with intent, but without pre-meditation. In simple terms, a person can face second degree murder charges if he intentionally causes another person to lose his life, with no pre-planning, or without taking an opportunity to put some thought into it. Second degree murder is less serious than first degree murder, and is not subject to the death penalty. The exact laws regarding second degree murder vary by jurisdiction, but in all states, it is considered a felony crime, and the penalties are severe.
Typically, a person can be found guilty of second degree murder if any of the following circumstances exist:
For example:
Jim and Rob are walking in opposite directions down the street. Jim bumps into Rob and continues walking without apologizing. Rob gets angry, pulls out a gun and shoots Jim. Rob can be convicted of second degree murder as he had intentions to kill Jim, but it was not premeditated.
Second degree murder is the criminal act of killing another person with intent, but without pre-meditation. In simple terms, a person can face second degree murder charges if he intentionally causes another person to lose his life, with no pre-planning, or without taking an opportunity to put some thought into it. Second degree murder is less serious than first degree murder, and is not subject to the death penalty. The exact laws regarding second degree murder vary by jurisdiction, but in all states, it is considered a felony crime, and the penalties are severe.
Typically, a person can be found guilty of second degree murder if any of the following circumstances exist:
- The killing was the result of an act that was intended to cause serious harm
- The killing was the result of an act that shows the perpetrator had an indifference to human life
- The killing was done impulsively, in a time of high emotion
For example:
Jim and Rob are walking in opposite directions down the street. Jim bumps into Rob and continues walking without apologizing. Rob gets angry, pulls out a gun and shoots Jim. Rob can be convicted of second degree murder as he had intentions to kill Jim, but it was not premeditated.
You could try and make an argument that Chauvin met the second of those circumstances but that takes a lot of reaching to even make the attempt. Negligent homicide or involuntary manslaughter fits the situation given the available evidence.
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