The Derek Chauvin Trial (related to use of force in the attempted arrest of George Floyd and his subsequent death in custody) has become bogged down in complex issues of criminal law, included the definitions of the different kinds of homicide in Minnesota (a National Review Article describes these issues and the timeline of changes to charges, motions, appeals).
Most lay people are unfamiliar with these areas of law or how they differ state-to-state. I was, myself, surprised at how Minnesota defines 3rd degree murder and that it is not a lesser-included offense to 2nd degree murder but rather has a different, specific purpose. In support of debate, this post contains the definitions of related offenses in Missouri with links to equivalent offenses in Minnesota. The reader is encouraged to flip through the links and compare, particularly looking at the placement of terms I emphasize such as knowingly, recklessly, negligently, etc., as these are exactly the terms upon which legal cases turn. For general background and definitions, I particularly recommend Samaha's "Criminal Law, 11th ed." which is targeted at lay (non-attorney) readers.
The notes themselves are copied from my own Evernote entry which I created for personal reference:
RSMO 565.021. Second degree murder, penalty. — 1. A person commits the offense of murder in the second degree if he or she:
(1) Knowingly causes the death of another person or, with the purpose of causing serious physical injury to another person, causes the death of another person; or
(2) Commits or attempts to commit any felony, and, in the perpetration or the attempted perpetration of such felony or in the flight from the perpetration or attempted perpetration of such felony, another person is killed as a result of the perpetration or attempted perpetration of such felony or immediate flight from the perpetration of such felony or attempted perpetration of such felony. [This is "Felony Murder".]
2. The offense of murder in the second degree is a class A felony, and the punishment for second degree murder shall be in addition to the punishment for commission of a related felony or attempted felony, other than murder or manslaughter.
...
[ In MN, the equivalent is 609.19 ( https://www.revisor.mn.gov/statutes/cite/609.19 )
RSMO 565.023. Voluntary manslaughter, penalty — under influence of sudden passion, defendant's burden to inject. — 1. A person commits the offense of voluntary manslaughter if he or she:
(1) Causes the death of another person under circumstances that would constitute murder in the second degree under subdivision (1) of subsection 1 of section 565.021, except that he or she caused the death under the influence of sudden passion arising from adequate cause; or
(2) Knowingly assists another in the commission of self-murder.
2. The defendant shall have the burden of injecting the issue of influence of sudden passion arising from adequate cause under subdivision (1) of subsection 1 of this section.
3. The offense of voluntary manslaughter is a class B felony.
[MN equivalent is 609.20 ( https://www.revisor.mn.gov/statutes/cite/609.20 )]
RSMO 565.024. Involuntary manslaughter, first degree, penalty. — 1. A person commits the offense of involuntary manslaughter in the first degree if he or she recklessly causes the death of another person.
2. The offense of involuntary manslaughter in the first degree is a class C felony, unless the victim is intentionally targeted as a law enforcement officer, as defined in section 556.061, or the victim is targeted because he or she is a relative within the second degree of consanguinity or affinity to a law enforcement officer, in which case it is a class B felony.
RSMO 565.027. Involuntary manslaughter, second degree, penalty. — 1. A person commits the offense of involuntary manslaughter in the second degree if he or she acts with criminal negligence to cause the death of any person.
2. The offense of involuntary manslaughter in the second degree is a class E felony, unless the victim is intentionally targeted as a law enforcement officer, as defined in section 556.061, or the victim is targeted because he or she is a relative within the second degree of consanguinity or affinity to a law enforcement officer, in which case it is a class D felony.
[MN has only one Involuntary Manslaughter offense, 609.205 ( https://www.revisor.mn.gov/statutes/cite/609.205 )]
(MN) 609.195 MURDER IN THE THIRD DEGREE.
(a) Whoever, without intent to effect the death of any person, causes the death of another by perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human life, is guilty of murder in the third degree and may be sentenced to imprisonment for not more than 25 years. [This is referred to as "Depraved Indifference Homicide"; we do not appear to have this in Missouri law.]
(b) Whoever, without intent to cause death, proximately causes the death of a human being by, directly or indirectly, unlawfully selling, giving away, bartering, delivering, exchanging, distributing, or administering a controlled substance classified in Schedule I or II, is guilty of murder in the third degree and may be sentenced to imprisonment for not more than 25 years or to payment of a fine of not more than $40,000, or both.
Missouri, Lesser-Included Offense:
565.029. Lesser degree offenses in homicide cases — instruction on lesser offenses, when. — 1. With the exceptions provided in subsection 3 of this section and subsection 3 of section 565.021, section 556.046 shall be used for the purpose of consideration of lesser offenses by the trier in all homicide cases.
2. The following lists shall comprise, in the order listed, the lesser degree offenses:
(1) The lesser degree offenses of murder in the first degree are:
(a) Murder in the second degree under subdivisions (1) and (2) of subsection 1 of section 565.021;
(b) Voluntary manslaughter under subdivision (1) of subsection 1 of section 565.023;
(c) Involuntary manslaughter in the first degree; and
(d) Involuntary manslaughter in the second degree;
(2) The lesser degree offenses of murder in the second degree are:
(a) Voluntary manslaughter under subdivision (1) of subsection 1 of section 565.023;
(b) Involuntary manslaughter in the first degree; and
(c) Involuntary manslaughter in the second degree.
3. No instruction on a lesser included offense shall be submitted unless requested by one of the parties or the court.
Minnesota Lesser-Included Offense:
609.04 CONVICTION OF LESSER OFFENSE.
Subdivision 1.Lesser offense prosecution.
Upon prosecution for a crime, the actor may be convicted of either the crime charged or an included offense, but not both. An included offense may be any of the following:
(1) a lesser degree of the same crime; or
(2) an attempt to commit the crime charged; or
(3) an attempt to commit a lesser degree of the same crime; or
(4) a crime necessarily proved if the crime charged were proved; or
(5) a petty misdemeanor necessarily proved if the misdemeanor charge were proved.
Subd. 2.Conviction; bar to prosecution. A conviction or acquittal of a crime is a bar to further prosecution of any included offense, or other degree of the same crime.
