Q: I had always thought that first-degree murder was a murder that you had planned in advance and second-degree murder was spur of the moment. Would you explain the difference?
—Richard Morris, Newnan
A: Each state and the federal government define murder differently, dividing homicides into categories that result in different punishments. Georgia doesn't make a distinction between first- and second-degree murder, Russell Gabriel, the director of the Criminal Defense Clinic at the University of Georgia's School of Law, told Q&A on the News in an email. Georgia Code 16-5-1 states: "A person commits the offense of murder when he unlawfully and with malice aforethought, either express or implied, causes the death of another human being. Express malice is that deliberate intention unlawfully to take the life of another human being, which is manifested by external circumstances capable of proof. Malice shall be implied where no considerable provocation appears and where all the circumstances of the killing show an abandoned and malignant heart." "If the language of the Georgia statute sounds antiquated, it should," Gabriel wrote. "The language has barely changed since the Civil War. Though 'malice aforethought' sounds like pre-meditation is required, the Georgia Supreme Court has interpreted this language to include 'malice (that) may be formed in an instant.' " Georgia, Gabriel wrote, "makes no distinction between a cold-blooded, planned killing and a hot-blooded, instantaneous killing." Georgia has a voluntary manslaughter classification that is "a sudden, violent and irresistible passion resulting from serious provocation sufficient to excite such passion in a reasonable person."
Andy Johnston wrote this column. Do you have a question about the news? We’ll try to get the answer. Call 404-222-2002 or email q&a@ajc.com (include name, phone and city).
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