What is Second Degree Murder?
The United States legal system has divided the crime of murder into four main different classifications; first degree murder, second degree murder, voluntary manslaughter and involuntary manslaughter. Those convicted of second degree murder, sometimes referred to as murder 2, have been determined by a court of law to have intentionally committed the crime without any premeditation. In other words, although the guilty party did intend at the moment of the crime to kill another human being, they did not plan to do so in advance of the murder. In addition to a murder that is not premeditated, a person who commits a reckless act, such as firing a weapon within an enclosed space which leads to the death of another, will likely be charged with 2nd degree murder.
Although federal law indicates the basic guidelines of what separates the four main classifications of murder, a few states have added their own additional interpretations of the varying degrees of murder. In Hawaii, for example, even if there was no premeditation, if the perpetrator murders more than one person they are not eligible to receive a second degree murder conviction and will instead be convicted of first degree murder.
In some instances, such as killing a police officer, a first degree murder conviction will be handed out even if the prosecution is unable to prove that there was any premeditation. The same is true for prisoners who commit a non-premeditated murder while incarcerated.
A common example of a crime that typically results in a 2nd degree murder conviction is what is commonly referred to as a crime of passion. In these murders, the perpetrator often finds their spouse or loved one in a compromising position, such as in the act of infidelity, and they respond in an immediate and violent manner resulting in the other person’s death. Some perpetrators of crimes of passion are sentenced to voluntary manslaughter instead which carries a less severe penalty.
Sentencing Guidelines
Federal guidelines state that no individual may be sentenced to the death penalty if they are convicted of second degree murder. Due to this, in states where the death penalty is still practiced it is common for attorneys to spend a lot of time debating over whether or not premeditation can be proven. Those convicted of second degree murder can be sentenced to life imprisonment, but they generally receive a term of 10-30 years, depending on the severity of the crime and the state in which the crime was committed.
Famous Cases
Phil Spector, a former music producer and well known name in the entertainment business, was convicted of second degree murder in 2009. Six years before that conviction the body of actress Lana Clarkson was discovered inside the walls of Spector’s mansion. It took two trials for him to be convicted, which is very unusual within the United States legal system and happened due to the first trial resulting in a mistrial because of a hung jury. At the time of his conviction, Spector became the first celebrity in over 40 years to be convicted of murder.
Scott Peterson became a household name after the reported disappearance of his pregnant wife, Laci Peterson. Police in Modesto, CA, searched for Laci Peterson for almost four months before part of her body washed up on the shore of the San Francisco Bay. After a widely publicized trial, Scott Peterson was found guilty and received two murder convictions; 1st degree murder for the death of his wife and 2nd degree murder for the death of his unborn son.
In 1954, Sam Sheppard was convicted of murder in the second degree for the death of his pregnant wife. The case attracted so much media attention at the time that it has been likened to the O.J. Simpson trial and is often referred to as one of the first murder trials to be turned into a media circus. After serving ten years in prison and filing for countless appeals, Sheppard was granted a new trial. After sixteen days, the new jury found him not guilty. He was acquitted of the crime and released immediately. A mere three weeks later Sheppard began making media appearances, starting with The Tonight Show, and he went on to write a book about his experiences in prison.