Legal Terminology For Murder

Is there a difference between "Capital Murder" and "First Degree Murder," or are these just two ways of referring to the same thing?

Thanks

capital offenses refer to ones where you are put to death if convicted. I'm not sure murder 1 is a capital crime in all states. In any case the legal term for murder is homicide.

[slickpoppa]

They are overlapping terms that are sometimes synonymous. It varies from state to state. "Capital" means that it is punishable by the death penalty. "First degree" has to do with the level of intent and premeditation. In most states with the death penalty, the death penaty only applies to first degree murder.

[jason_t]

http://photos1.blogger.com/img/62/2701/400/google.jpg

I think a capital murder case is one involving the death penalty as in the line of duty killing of a cop. First degree murder means the crime was pre-meditated as opposed to a crime of passion.

[slickpoppa]

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In any case the legal term for murder is homicide.

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Thats not true. Homicide just means killing someone. Murder is an illegal homcide. If I kill someone in self-defense, it is a homicide, but not murder.

there arent special laws for killing cops, they just throw the book at you.

n/m

i suppose your right

[HDPM]

I am sure people use the terms loosely or whatever. But a capital crime refers to a death penalty case. In the US the only death penalty cases are first degree murder cases basically. But not all first degree murder cases are death cases. Different states define first degree murder differently. Shorthand it means you really meant to do it. Thought about it ahead of time and did it. Or there might be other things defined in a state's statute that might make it 1st degree, say killing a kid or a cop or something. Death case in the US there has to be something that aggravates the crime further. So out of the cold blooded premeditated pool of murders you need somethng that makes it worse. And of course a state can have first degree murder and not have the death penalty, ergo no capital murder.

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there arent special laws for killing cops, they just throw the book at you.

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You're right the laws aren't different for cops, but prosecutors are more inclined to seek the death penalty for some murders including the killing of a cop in the line of duty.