Answer:
The primary distinction between first- and second-degree murder is the level of intent and planning involved in the act:
1. **First-Degree Murder**: This involves premeditation and deliberate intent to kill. It means the person planned the murder in advance or committed it during the commission of another serious crime, such as burglary or kidnapping. First-degree murder typically carries more severe penalties.
2. **Second-Degree Murder**: This is often referred to as a "crime of passion" or a murder without premeditation. It means the killing was intentional but not necessarily planned ahead of time. It can also include situations where the person acted with a depraved heart, showing a reckless disregard for human life. Second-degree murder typically results in somewhat less severe penalties compared to first-degree murder.
Step-by-step explanation:
**First-Degree Murder**:
1. Involves planning and deliberate intent to kill.
2. Often premeditated or occurs during another serious crime.
3. Carries harsher penalties, such as life imprisonment or the death penalty.
**Second-Degree Murder**:
1. Occurs without premeditation, often in the heat of the moment.
2. Still involves intentional killing but not necessarily planned.
3. Penalties are usually less severe than first-degree murder, often a long prison sentence but not necessarily life imprisonment or the death penalty.