what is 2nd degree murders

what is 2nd degree murders

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Second-degree murder is a type of homicide crime that is less severe than first-degree murder. The exact definition of second-degree murder varies by jurisdiction, but it is generally defined as murder with malicious intent but not premeditated. The mens rea of the defendant is intent to kill, intent to inflict serious bodily harm, or act with an abandoned heart (e.g., reckless conduct lacking concern for human life or having a high risk of death) . Second-degree murder can also result from a defendant who acts to cause serious bodily harm, although the defendant does not necessarily intend to kill. In some states, second-degree murder also encompasses "depraved heart murder," which is a killing caused by a reckless disregard for human life. Excepting felony murders triggering first-degree murder, other murders, which occur when felonies are committed, usually are second-degree murders. The punishment for second-degree murder is less severe than that for first-degree murder, and capital punishment is not available for a second-degree murder conviction. Lack of mens rea can be a defense to reduce murder to manslaughter.

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