Suburban Law Enforcement Academy (SLEA) BA State Certification Practice Exam

Second degree murder typically involves which of the following?

1. Only justifiable factors

2. Mitigating factors

3. Aggravating factors

4. Defensive actions

The correct answer is: Mitigating factors

Second degree murder is characterized by a specific intent to kill or cause great bodily harm, but it lacks the premeditated element that defines first degree murder. Mitigating factors are circumstances that might lessen the severity of the crime or the culpability of the offender. In the context of second degree murder, such factors may include aspects that contribute to a more nuanced understanding of the defendant's actions, motivations, or circumstances surrounding the incident. For example, if the defendant was provoked or acted impulsively due to a sudden emotional disturbance, these factors may be considered during trial or sentencing. While justifiable factors typically pertain to instances where the use of lethal force is allowed under law (such as self-defense), and aggravating factors typically increase the severity of the offense (such as demonstrating a clear disregard for human life), they do not apply to the typical circumstances surrounding second degree murder. Defensive actions might relate to justifications for actions taken in self-defense but do not represent the key characteristics or considerations involved in second degree murder. Thus, mitigating factors inherently align with the nature of second degree murder, which is about understanding the complexities of the offender's circumstances.