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Can you explain the key differences under MA criminal law between the degree of murder as well as the differences betwwen the crimes of murder and manslaughter ?>

Editor's Response

For the elements of first degree and second degree murder, you can check out Massachusetts General Laws Chapter 265, Section 1. First degree murder involves aggravating circumstances, such as committing a murder with "premeditated malice aforethought" or "extreme atrocity or cruelty." Also, if the murder is carried out in the "commission or attempted commission of a felony punishable by death or imprisonment for life."

Second degree murder involves "malice aforethought" (without the premeditation) or when the act is carried out "in the commission or attempted commission of a felony punishable by other than death or imprisonment for life."

Manslaughter is a bit more tricky because its elements are spelled out in case-law, rather than in statutory law. Voluntary manslaughter is a killing without premeditation that occurs "in the heat of the moment," as in a bar fight. Involuntary manslaughter is an unintentional killing that results from wanton or reckless behavior, such as accidental shooting a person while hunting under the influence of alcohol.

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