second-degree murder: meaning, definition, pronunciation and examples
C1-C2Formal, Technical, Legal
Quick answer
What does “second-degree murder” mean?
The unlawful killing of a human being with malice aforethought but without the additional elements (such as premeditation or extreme recklessness) that would elevate it to first-degree murder.
Audio
Pronunciation
Definition
Meaning and Definition
The unlawful killing of a human being with malice aforethought but without the additional elements (such as premeditation or extreme recklessness) that would elevate it to first-degree murder.
In legal contexts, a category of murder that is less severe than first-degree but more severe than manslaughter, typically involving an intent to cause serious bodily harm or a depraved indifference to human life, but not a premeditated plan to kill.
Dialectal Variation
British vs American Usage
Differences
The term is almost exclusively American (and Canadian) in its formal, graded legal sense. British law does not formally divide murder into 'degrees'; it distinguishes between murder and manslaughter.
Connotations
In the US, it connotes a serious, intentional crime but one lacking the heightened culpability of premeditation. In the UK, the term might be understood in a general sense but is not a precise legal category.
Frequency
Frequent in US legal, news, and crime drama contexts. Extremely rare in UK legal discourse; 'murder' or 'manslaughter' would be used instead.
Grammar
How to Use “second-degree murder” in a Sentence
The prosecutor charged the defendant with second-degree murder.The jury found him guilty of second-degree murder.The charge was reduced from first-degree to second-degree murder.Vocabulary
Collocations
Examples
Examples of “second-degree murder” in a Sentence
verb
British English
- The crime does not exist under this name in UK law, so verb derivations are not standard.
American English
- The DA decided to second-degree murder him, arguing the killing was intentional but not premeditated. (Note: This is a highly informal/non-standard back-formation, sometimes heard in very colloquial discussions of charging decisions.)
adjective
British English
- A second-degree murder charge is not a feature of the British legal system.
American English
- He is serving a second-degree murder sentence in a state penitentiary.
Usage
Meaning in Context
Business
Not applicable in standard business contexts.
Academic
Used in law schools, criminology, and comparative legal studies, primarily focusing on US/Canadian law.
Everyday
Used in news reports about crime and trials, or in discussions of crime dramas/films.
Technical
A precise term in criminal law statutes, case law, and legal proceedings in relevant jurisdictions.
Vocabulary
Synonyms of “second-degree murder”
Strong
Neutral
Weak
Vocabulary
Antonyms of “second-degree murder”
Watch out
Common Mistakes When Using “second-degree murder”
- Using it to describe any non-fatal crime (e.g., 'second-degree assault' exists, but 'murder' always involves death).
- Assuming it is a universal legal term.
- Confusing it with 'manslaughter', which generally lacks malice aforethought.
FAQ
Frequently Asked Questions
The key difference is premeditation and deliberation. First-degree murder requires proof that the killer thought about and planned the killing beforehand. Second-degree murder involves an intentional killing or an act of extreme recklessness, but without this advanced planning.
No. Manslaughter is generally a lesser crime. It typically involves a killing that is either unintentional (e.g., during a crime without intent to kill) or occurs in the 'heat of passion' due to adequate provocation, and lacks 'malice aforethought' which is required for any murder charge.
No. The division of murder into degrees is primarily a feature of legal systems derived from English common law but developed uniquely in the United States and Canada. Many other countries, including the United Kingdom, have a single offence of 'murder' and a separate lesser offence of 'manslaughter'.
Yes. This is common. A prosecutor may initially file a first-degree charge, but as evidence is reviewed or a plea bargain is negotiated, the charge may be reduced to second-degree murder. A jury may also convict on the lesser charge if they find the elements for first-degree murder were not proven beyond a reasonable doubt.
The unlawful killing of a human being with malice aforethought but without the additional elements (such as premeditation or extreme recklessness) that would elevate it to first-degree murder.
Second-degree murder is usually formal, technical, legal in register.
Second-degree murder: in British English it is pronounced /ˌsɛk.ənd dɪˈɡriː ˈmɜː.dər/, and in American English it is pronounced /ˌsɛk.ənd dɪˈɡri ˈmɝː.dɚ/. Tap the audio buttons above to hear it.
Phrases
Idioms & Phrases
- “Murder two (slang, US legal/crime drama)”
- “Second-degree (as shorthand in context)”
Learning
Memory Aids
Mnemonic
Think of degrees like levels of heat: First-degree is planned, 'pre-heated' murder. Second-degree is still very hot (intentional and deadly), but the plan wasn't cooked up in advance.
Conceptual Metaphor
CRIME IS A MEASURABLE ENTITY (graded by degrees of severity). JUSTICE IS A SCALE (weighing levels of intent and circumstance).
Practice
Quiz
In which legal system is 'second-degree murder' a formal, standard category of crime?