Legal Question in Constitutional Law in Louisiana

Re: Different Types of Murder

Under Louisiana law there are 5 classifications of Homicide.

First Degree Murder (Punishable by death or life without parole) requires specific intent to kill or inflict great bodily harm PLUS one or more "aggravated circumstances" These cicumstances include (this is not a complete list):

Hired killings;

When there is specific intent to harm more than one person;

The killing of a police officer;

The killing of a child; and

A killing in furtherance of some other "aggravated felony".

Second Degree Murder (life without parole) involves either the specific intent to cause death or great bodily harm OR in the commission of the aggravated felony.

Manslaughter (up to 40 years) is either a crime of passion or is committed without intent in relation to another felony not on the list of aggravated felonies.

Vehicular Homicide is causing death by driving while intoxicated.

Negligent Homicide is causing death by criminal negligence.

Re: Different Types of Murder

Murder I, which often carries the death penalty, is reserved for those homicides which were plotted, hired, done with a depraved mind or disregard for human life, and required proof of deliberation and intent. Murder II, is a lesser included charge, usually will not carry the death penalty, and is charged in those homicides in which a momentary intent is still required, but the death was not as appalling and the human disregard not as riveting as in Murder I. Murder III, or manslaughter, almost never carries the death penalty, and is often charged in homicides in which the killing is done in the heat of passion, or in reckless disregard of human life, such as in a drunk-driving situation in which a victim dies. In some states there are degrees of Murder and manslaughter not described above.