1 st Degree Murder:
Statute: Statute: In New Mexico, first degree murder is defined as the “wilful, deliberate and premeditated” murder of the victim by the convicted.
Elements:
Provable intended to end the victim`s life, and provable deliberation and premeditation where the murderer can be proved to have had deliberately murdered the victim following premeditation of his actions.
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2 nd Degree Murder:
Statute: In New Mexico, second-degree murder is unpremeditated murder of the victim. However, the offender demonstrates lack of concern for human life in the process of murdering the victim
Elements:
Sufficient provocation, sudden fight and Action under heat of passion
Voluntary Manslaughter : A murder done in an unlawful method but without malice.
Elements:
Proof of acting upon a sudden fight, lack of malice, proof of circumstances endangering the life of the murderer.
Involuntary Manslaughter:
Statute: Involuntary manslaughter consists of a killing that was unintentional, resulting from either recklessness or criminal negligence
Elements:
While committing a crime which does not amount to a felony, while acting in a reckless way which may bring the death or another person, and while committing any other act which may cause the death of someone else in an unlawful manner
Assisted Suicide:
Statute: Assisting suicide consists of deliberately aiding another in the taking of his/her own life
Elements:
Proof of participation in the suicide of the deceased.
Proof that the participation was permitted by the deceased.
Define excusable homicide:
Statute: when done accidentally or by misfortune by lawful means, in going through any lawful act, with usual and normal caution and without at all unlawful intent.
Definition: a killing done accidentally or in self-defense.
Define Justifiable Homicide (both by police and citizen):
Statute:
By citizen
when done accidentally or by misfortune by lawful means, in going through any lawful act, with usual and typical caution and without at all unlawful intent or when committed in the necessary defense of his life, his family or his property
By public officer
In compliance to some judgment of a proficient court or while unavoidably committed in overcoming real resistance to the implementation of some legal course or to the discharge of any further legal duty.
Definition : a killing of another person done under circumstances that the murderer is free from guilt as per the law.
