North Carolina Basic Law Enforcement Training (BLET) State Practice Exam

In the context of homicide, which level indicates a killing done without premeditation but with malice?

1. First Degree Murder

2. Second Degree Murder

3. Voluntary Manslaughter

4. Homicide by Negligence

The correct answer is: Second Degree Murder

The correct choice reflects that second-degree murder involves a killing that is conducted with malice but lacks premeditation or deliberation. This means that while the act shows an intention to cause harm or death, the individual did not plan the act in advance, distinguishing it from first-degree murder, which is characterized by clear intent and planning. In second-degree murder, the malice may stem from a reckless disregard for human life, suggesting that the offender engaged in behavior that showed a conscious indifference to the potential consequences of their actions. This level recognizes the gravity of the act without attributing the extensive pre-planning associated with first-degree murder. Other options do not fit the parameters described in the question. Voluntary manslaughter typically involves a sudden, passionate act triggered by provocation and requires a different legal analysis, while homicide by negligence is focused on unintentional actions resulting from a lack of due care. Thus, second-degree murder is uniquely defined by its combination of malice without premeditation, making it the appropriate choice in this context.