Editing Openai/694170e2-8f8c-800d-b99b-eda956927eda (section)

=== Assistant: Below is a clear, short, U.S.-focused distinction. ===
Below is a clear, short, U.S.-focused distinction. Laws vary by state, but these elements are widely consistent across U.S. jurisdictions.

==== Core idea: ====
👉 Intentional or extremely reckless killing with malice

Typical mental state (mens rea):
* Intent to kill, intent to cause serious bodily harm, or
* Depraved indifference to human life (extreme recklessness)

Required for a guilty verdict:
* A human died
* The defendant caused the death
* The defendant acted with malice aforethought, shown by: - Intent to kill, or - Intent to seriously injure, or - Conduct showing extreme disregard for human life

Notes:
* Divided into degrees (e.g., first vs. second) in many states
* Premeditation elevates the degree, not the core crime

==== Core idea: ====
👉 Unintentional or less morally blameworthy killing

===== Mental state: =====
* Intent to kill but without malice

Common situations:
* Heat of passion
* Adequate provocation
* Imperfect self-defense

Required for a guilty verdict:
* A human died
* Defendant caused the death
* Defendant intended the act
* Malice is negated by circumstances (provocation, emotion, etc.)

===== Mental state: =====
* Recklessness or criminal negligence

Common situations:
* Dangerous conduct
* Non-felony unlawful acts
* Grossly unsafe behavior

Required for a guilty verdict:
* A human died
* Defendant caused the death
* Death resulted from: - Reckless conduct, or - Criminal negligence

==== Core idea: ====
👉 Death caused by failure to perceive a serious risk

Mental state:
* Criminal negligence (more than ordinary carelessness)

Required for a guilty verdict:
* A human died
* Defendant caused the death
* Defendant: - Should have been aware of a substantial and unjustifiable risk - Grossly deviated from reasonable care

Notes:
* Often charged as negligent homicide
* Lowest level of homicide offense
* No intent to harm required

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===== - Murder: I meant to kill or didn’t care if you died. =====
* Manslaughter: I killed without malice.
* Criminal negligence: Someone died because I failed to act safely.

If you want, I can also show real-world examples, jury instruction language, or how prosecutors choose between charges.