Murder is when a person unlawfully kills another person. Murder is not the same as homicide because not all homicide is unlawful. Instead, murder is a category of homicide. The precise legal definition of murder varies by jurisdiction. Most states distinguish between different degrees of murder (first, second, and third). Some states use Model Penal Code to legally define murder and the subsequent punishments.
Common Law Murder
At common law, murder was historically defined as killing another human being with malice aforethought. Malice aforethought is a legal term of art, that encompasses the following types of murder:
- "Intent-to-kill murder" - intentional murder
- "Grievous-bodily-harm murder" - Killing someone in an attack intended to cause them grievous bodily harm.
- For example, a defendant is still liable for murder, even if the defendant only intended to wound the victim.
- "Felony-murder" - Killing someone while in the process of committing a felony. Note that at English common law, there were few felonies, and all carried the death penalty.
- For example, at common law, robbery was a felony. If a robber accidentally killed someone during a robbery, the robber could be executed.
- "Depraved heart murder" - Killing someone in a way that demonstrates a callous disregard for the value of human life.
- For example, if a person intentionally fires a gun into a crowded room, and someone dies, the person could be convicted of depraved heart murder.
These historic definitions are valuable as they inform subsequent reforms of American criminal law.
The Pennsylvania Method
The Pennsylvania Method is a catch-all term for systems of classifying murder by degree. Certain, specified types of murder were first-degree murder, and carried the death penalty. All other types of murder were second-degree murder, which did not carry the death penalty.
First-Degree Murder includes:
- Willful, deliberate, and premeditated murder.
- Particularly heinous types of murder.
- For example, in the original Pennsylvania statute, this included poisoning or waiting to kill someone by ambush.
- Felony-murder, but only for certain listed felonies.
Second-Degree Murder typically includes murder with malice intent, but not premeditated.
Third-Degree Murder encompasses all other types of murder that do not fall within first- or second-degree murder categories, such as unintentional murders. However, only three states recognize third-degree murder: Florida, Pennsylvania, and Minnesota. At present, most states either use the Pennsylvania Method or a similar method to categorize murder.
The Model Penal Code
The Model Penal Code moved away from the traditional common law approach to murder, which typically involved "malice." Under the Model Penal Code, the following constitutes murder:
- Purposefully or knowingly killing another human being. This functions much the same as the common law rule against intentional murder.
- Killing another human being in circumstances showing extreme recklessness. This functions much the same as the common law's depraved heart murder rule.
Related Topics
- Homicide
- Manslaughter
- Death Penalty
- Criminal Law
[Last updated in June of 2024 by the Wex Definitions Team]
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