What additional factor distinguishes first degree murder from second degree murder?

The distinguishing factor that elevates murder from second degree to first degree is the presence of deliberate premeditation or extreme atrocity. In first degree murder, the offender intentionally plans and executes the act, demonstrating a clear intent to kill, often after weighing the decision. This premeditation can occur moments before the crime or follow a longer period of contemplation.

In contrast, second degree murder may involve malice aforethought but lacks this calculated planning element. It typically reflects an impulse or a circumstance where the killing occurs in the heat of passion or in a situation where the intent to kill wasn’t established beforehand. The notion of extreme atrocity can also raise the severity of the crime, suggesting a particularly brutal or heinous nature to the act.

Other options, such as self-defense, relate to justifications for killing and do not pertain to how first degree murder is defined in terms of intent and planning. Committing murder with malice, while a necessary component of both degrees of murder, does not differentiate them since both can include malice. The involvement of multiple suspects adds complexity to a case but does not itself influence the classification of the murder degree. Thus, the emphasis on deliberate premeditation or extreme atrocity is key to understanding