The primary difference between first-degree and second-degree murder is the intention behind the action. The former generally refers to a premeditated killing with thorough planning and complete comprehension of the murder (Findlaw, 2020). Therefore, this type of crime is associated with harsher penalties, and the perpetrators are frequently conducted to lifetime imprisonment. On the other hand, second-degree murder is usually unplanned. Evidently, the crime is still intentional due to the nature of killing; however, in most cases, the perpetrator does not have the intention before the murder (Findlaw, 2020). In other words, second-degree murders generally occur in the ‘heat of passion’ during intense arguments or quarrels. Consequently, such crimes are associated with softer penalties, and the perpetrators are charged with ten-year-long imprisonments. Lastly, the definitions of these two murder types differ slightly across the states and also have various consequences.
Concerning the scenario, the current case is complicated by the ambiguity of the ‘planned’ aspect. At first, the situation resembles the canonical second-degree murder in a heated argument over divorce. In most similar cases, the killings lack premeditation, and the perpetrator is driven by strong emotions rather than intentional planning. However, in the current scenario, Jane deliberately tricks Dick by ensuring him that she wants to continue the dialogue after a short break. Instead, she gets a gun and kills her husband by shooting him four times. Therefore, while it might seem like a ‘heat of passion’ crime at first, it is a deliberate murder with a cooling-off period for Jane. Thus, the killing is planned and calculated, excluding the possibility of a ‘heat of passion’ component. Overall, Jane should be charged with a first-degree murder.
References
Findlaw. (2020). What is the difference between first-, second-, and third-degree murder?