At today's APALSA CRIM REVIEW, we covered the ways to 
determine the difference between first and second degree 
murder.

As we all know, murder wasn't broken down into degrees until 
Pennsylvania decided to do so in 1794. CL or MPC DOES NOT 
break down murder into degrees.

PREMEDITATION AND DELIBERATION is the key difference 
between first and second degree. 

HOWEVER-- states usually list other murders which constitute 
first degree murder.

for CALIFORNIA, besides murders with Premed & Delib. FIRST 
DEGREE murder includes:

1. Killings by lying in wait

2. Killing by Torture (one person deliberately inflicting extreme 
and prolonged pain on another for revenge, extortion, 
persuasion or any sadistic purpose)

what do they mean by sadistic? "inflicting pain on another for the 
purpose of experiencing pleasure."

3. Killing by poison

4. killing by destructive device or explosive

5. killing by armor-piercing ammunition (use of ammo which is 
designed to primarily penetrate metal or armor)

6. DRIVE BY MURDER

Remember, different states have different ones listed. The 6 
listed above are CAL's. 

And also, don't forget: 

2nd Degree murder has a "CATCH ALL PHRASE" any murder 
NOT first degree is second degree.

Hope this helps.
Anna