You can hide behind your technical beauracratic definitions, but common sense says that those are 2 different issues. All that matters is
1) Did the murderer know and understood that murder is wrong, and understand the basic differences between right or wrong. If they aren't severely mentally ill, they know that at an early age.
2) Was it a crime of passion, or premeditated cold-blooded murder.
All your other cute legalistic defense lawyer bullshit is just pathetic excuse-making.