Second-degree murder is ordinarily defined as 1) an intentional killing that is not premeditated or planned, nor committed in a reasonable "heat of passion" or 2) a killing caused by dangerous conduct and the offender's obvious lack of concern for human life. Second-degree murder may best be viewed as the middle ground between first-degree murder and voluntary manslaughter.
Exactly. I thought it was voluntary manslaughter unless you intentionally killed someone. And premeditating it made it first degree.
I’ve been a juror on two complicated jury trials. I’m pretty black and white with how I decide stuff. If I did not believe that when that man saw that girl he purposed in his mind to run her down, the worst thing I could find him guilty of is manslaughter.
Based on this: “second-degree murder
: a murder that is committed without premeditation but with some intent (as general or transferred intent) or other circumstances not covered by the first-degree murder statute”
From here: http://dictionary.findlaw.com/definition/murder.html
I don’t think it was second degree murder. And based on this:
Manslaughter: Involuntary
“Involuntary manslaughter usually refers to an unintentional killing that results from recklessness or criminal negligence, or from an unlawful act that is a misdemeanor or low-level felony (such as DUI). The usual distinction from voluntary manslaughter is that involuntary manslaughter (sometimes called “criminally negligent homicide”) is a crime in which the victim’s death is unintended.”
From here:http://criminal.findlaw.com/crimes/a-z/manslaughter_involuntary.html
The above even describes this case at a high level.