What distinguishes second-degree murder from first-degree murder?

Second-degree murder is characterized by the presence of malice aforethought, but unlike first-degree murder, it does not involve premeditation. This means that the perpetrator acted with intent to kill or cause serious harm but did so impulsively, without planning the act ahead of time.

The lack of premeditation is what sets second-degree murder apart from first-degree murder, where the act is planned and thought out prior to execution. In the context of the choices provided, the correct distinction lies in the combination of malice and the absence of premeditation, which accurately defines the nature of second-degree murder. Recognizing this key difference is essential for understanding the legal classifications of homicide, as well as the potential penalties and implications that accompany each charge.

Other options do not fit the definition of second-degree murder. Killing with premeditation refers specifically to first-degree murder. Killing without malice would not rise to the level of murder but could suggest a lesser charge, such as manslaughter. Lastly, killing done in response to provocation may factor into determining degrees of culpability, but it does not distinctly define second-degree murder.