difference between attempted murder & attempted manslaughter?
446903
Murder implys intent or malice; manslaughter is legally defined as the unlawful killing of a human being without malice or premeditation, either express or implied.
547537
If the person actually died, the person could be charged with some level of murder or manslaughter. Otherwise, attempted murder would certainly be possible, especially if there was a lot of evidence that the person wanted the other person dead, or some sort of assault charge or wilfull poisoning. The exact charges would depend on the state, and for any of them to be succesfully prosecuted, the state would have to prove that the person knew that his/her friend was allergic to peanuts, which may not be easy to do.
384527
The above is pretty much correct.  First degree is generally either willful, deliberate, and premeditated murder, murder with malice aforethought (basically the same) or special circumstances murder (killing a police officer, using an explosive device, or lying in wait, etc.)\n\nSecond degree murder is all other murder.\n\nManslaughter (voluntary) is a killing in the heat of passion, and is generally the third category.  I've never heard of 3rd degree murder.  Manslaughter (involuntary) is generally negligent, misdeameanor, or vehicular manslaughter.\n\n"Willful, deliberate, premeditated" - means it was planned out, even if only for a moment, and doen with the intent to kill the person.\n\n"Malice aforethought" - means it was done 1) with an intent to kill, 2) with an intent to cause great bodily harm (hurt 'em bad), or 3) with recklessness or disregard of human life (so horribly carelessly knowing that it was likely to hurt or kill someone).\n\n"Heat of Passion" - means extreme provocation, so that the person is so upset that they actually lose control (more than just really angry).\n\nAnd, of course, this all depends on what state is defining it.
747507
"Fair fight?"  How can it be fair?  If the people fighting originally were not shooting, just hitting with bare fists, maybe it could be "fair" by some stretch of the imagination.  Everyone aiming a gun at another person should be charged with attempted homicide, and those who killed someone?  Murder in the first degree.
485680
Attempted Murder is not a Capital Offense. For it to be a Capital Offense their must Aggrevating Circumstances. Like killing someone while comitting a armed robbery. Or, doing the killing in a particularly gruesome manner. Like torture.
199583
technically it's only a crime if they threaten death. at least in california. threat of death is called terrorist threat. threats of other violence is cause for a restraining order but not grounds for an arrest.
831594
As far as I understand it, there is only one 'type' of homicide.  That is a human killing another human.  If you mean DEGREES of homocide, then that's a whole different story.\n\nModern codifications tend to create a genus of offenses, known collectively as homicide, of which murder is the most serious species, followed by manslaughter which is less serious, and ending finally in justifiable homicide, which is not a crime at all. Because there are 51 jurisdictions, each with its own criminal code, this section treats only the crime of murder, and does not deal with state-by-state specifics.\n\nAt base, murder consists of an intentional unlawful act with a design to kill and fatal consequences. Generally, an intention to cause great bodily harm is considered indistinguishable from an intention to kill, as is an act so inherently dangerous that any reasonable person would realize the likelihood of fatality. Thus, if the defendant hurled the victim from a bridge, it is no defense to argue that harm was not contemplated, or that the defendant hoped only to break bones.\n\nThe intent to commit murder is often called malice aforethought, and can be inferred when the defendant commits an act that shows depraved indifference to human life, or (in federal court and those states that apply the felony murder rule) whenever a victim is killed during the commission of another felony, whether or not the defendant intended the killing, or even committed the fatal act. In this case, the intention to place the victim in great bodily harm is inferred from the defendant's intent to commit the felony. Some states also require the underlying felony to be an 'inherently' dangerous one.\n\n\n[edit] Degrees of murder\nBefore the famous case of Furman v. Georgia in 1972, most states distinguished two degrees of murder. While the rules differed by state, a reasonably common scheme was that of Pennsylvania, passed in 1794: "Murder which shall be perpetrated by means of poison, or by lying in wait, or by any other kind of wilful, deliberate, and premeditated killing, or which shall be committed in the perpetration or attempt to perpetrate, any arson, rape, robbery, or burglary, shall be deemed murder of the first degree; and all other kinds of murder shall be deemed murder of the second degree."[10] "Murder one", as the term was popularized by novels and television, carried a penalty of death, or life in prison, while the penalty for "murder two" was generally around 20 years in prison.\n\nAfter the Supreme Court placed new requirements on the imposition of the death penalty, most states adopted one of two schemes. In both, third degree murder became the catch-all, while first degree murder was split. The difference was whether some or all first degree murders should be eligible for the most serious penalty (generally death, but sometimes life in prison without the possibility of parole.).\n\nThe first scheme, used by Pennsylvania among other states: \nFirst Degree Murder: All premeditated murders, and (in some states) murders involving certain especially dangerous felonies, such as arson or rape, or committed by an inmate serving a life sentence. \nSecond Degree Murder: Any felony murder not a first degree murder. \nThird Degree Murder: All other murder. \nThe second scheme, used by New York among other states, as well as the Model Penal Code: \nFirst Degree Murder: Murder involving special circumstances, such as murder of a police officer, judge, fireman or witness to a crime; multiple murders; and torture or especially heinous murders. Note that a "regular" premeditated murder, absent such special circumstances, is not a first-degree murder; murders by poison or "lying in wait" are not per se first-degree murders. \nSecond Degree Murder: Any premeditated murder or felony murder that does not involve special circumstances. \nSome states, such as California, simply preserved the o
904500
First degree murder is a charge that usually involves the following elements in a murder: premeditation, deliberateness and malice. Different jurisdictions will call them different things.\n\nCapital murder is a first degree murder charge for which the prosecution has decided to seek the death penalty as a possible punishment.
812830
yes, the same applies is doing the commission of a crime one of the criminal get killed the other can also be charge with his death.\nThe innocent bystanders wasn't doing anything so they will have a case
371715
There's loads of things - simply attemting to commit a crime is a crime in itself.\n\nI guess the most obvuious answer to your question would be attempted murder.
216050
Not a good idea. Life's not fair. I know it sucks but sometimes you've just got to accept it and live with it. And I'm sure there are ways to get convicted of a crime just by the way you look. If you had a mask on your head and you were standing at a 7-11 with a gun in your hand I don't think I'd have a problem with convicting you of attempted robbery even if you didn't say a word.
759521
They are state laws, and different one to another.  Interestingly, some states reserve First Degree for the killing of a police officer.  But basically, First Degree is what they would execute you for if they do executions.  The worst.  Second degree generally includes some concept that it was not premeditated, or was in some part accidental.  Third degree is generally where you were not assumed to have done it on purpose, but what they call "reckless disregard."\n\nThat's very general.  It really is different by state.
526488
Maybe not murder...but manslaughter for sure
346924
Was it a related charge?  ie 1st degree murder to 2nd degree murder?  Then there's no material change in the charges and it can proceed.  If they went from shoplifting to assault and battery though they'd have to give time to prepare a defense to that since that was not the orginial charge.
362941
We actually learned this in law school, although I can't understand why.  The rule is that you cannot consent to being murdered, even though you can consent to being assaulted (as all football players do).  It would be homicide with no mitigating circumstances.  In fact, since it was planned beforehand, it would be that much more likely to be murder than manslaughter.
52279
I will refer you to a jury instruction on self-defense.  It states the law in West Virgina in simple and clear term, and includes legal citations in support.\n\nThe central part is this:  \n\n"if the Defendant was not the aggressor, and had reasonable grounds to believe and actually did believe that he was in imminent danger of death or serious bodily harm from which he could save himself only by using deadly force against his assailant, then he had the right to employ deadly force in order to defend himself. By deadly force is meant force which is likely to cause death or serious bodily harm."\n\nBut there is more to it, and you should refer to the instruction.  It is not long.
181012
Culpable homicide \nis a term in the law of Scotland which covers a number of different types of criminal homicide, roughly equivalent to manslaughter in English law and manslaughter in other legal criminal jurisdictions.\n\nThey are all part of this one category in that they are cases where death is caused by improper conduct and where the guilt is less than murder. Culpable homicide is often broken down into "voluntary culpable homicide" and "involuntary culpable homicide".\n\nMurder\nIn criminal law, murder is the crime where one human being causes the death of another human being, without lawful excuse, and with intent to kill or with an intent to cause grievous bodily harm (traditionally termed "malice aforethought") (see attempted murder where the mens rea (the Latin for "guilty mind") requirement is limited). In some common law jurisdictions, an accused is not guilty of murder if the victim lives for longer than a year and a day after the attack. This reflects the likelihood that, if the victim has survived so long after the initial attack, there will be other factors contributing to the cause of death and so break the chain of causation. Subject to the local statute of limitation, the accused can still be charged with an offense representing the seriousness of the initial assault. But, with the advance of modern medicine, the majority of countries have abandoned a fixed time period and test causation on the facts. In most countries murder is considered the most serious crime, and invokes the highest punishment available under the law. As with most legal terms, the precise definition varies between jurisdictions.