Types of homicide:
(1) first degree murder
(2) second degree murder
(3) voluntary manslaughter
(4) involuntary manslaughter
Unlawful murder is when the killing is done without cause, justification or excuse.
First degree murder - one of the following:
(1) The killing was intentional, with evidence of malice aforethought; the murder was deliberate, premeditated, planned and calculated.
(2) The killing occurred while a violent felony was being committed (felony murder rule).
Second degree murder - one of the following:
(1) The killing was unintentional , but the killer's conduct was dangerous and showed a lack of concern for human life.
(2) The killing was intentional but not premeditated or planned (without malice aforethought), and there are no significant mitigating circumstances.
Voluntary manslaughter:
(1) The killing was intentional, but there are mitigating circumstances (provocation, result of strong emotion).
Involuntary manslaughter:
(1) The killing was unintentional but was the direct result of the killer's actions.
Additional factors affecting the decision:
(1) The amount of evidence for the conclusions.
(2) The presence of mental illness at the time of the crime.
