Question

States that grade murders by degree generally treat any murder that is not "willful,predetermined, and deliberate" as ________________

Answer 1

States that grade murders by degree generally treat any murder that is not "willful,predetermined, and deliberate" as First degree murder .

First-degree murder is defined as an unlawful killing that is both willful and premeditated, meaning that it was committed after planning or "lying in wait" for the victim.

State laws categorizing murders into first, second and possibly third degrees generally require that first degree murders include three basic elements

1. Willfulness;
2. Deliberation; and
3. Premeditation.

Some states also require "malice aforethought" as an element, though states differ as to how malice must be shown and whether this is a separate requirement from willful, deliberate and premeditated taking of human life. Most states also enumerate certain kinds of killings as first degree murders without need to prove intent, deliberation and premeditation.

Not all states divide murder into degrees. In some places, the top level murder crime is called by another name, such as "capital murder."