Keith Mack
The concept of murder in common law is complex and varies across different jurisdictions. While common law traditionally does not distinguish between degrees of murder, certain jurisdictions have introduced divisions of murder into first, second, and sometimes third degrees. These degrees are based on factors such as intent, premeditation, and the circumstances of the crime. The punishment for murder also varies, with some jurisdictions imposing life imprisonment or capital punishment for first-degree murder. Understanding the specific definitions and penalties associated with each degree of murder requires examining the laws of individual jurisdictions.
| Characteristics | Values |
|---|---|
| Number of degrees | 2 |
| First-degree murder | An intentional killing with premeditation |
| Second-degree murder | All other murders |
| Third-degree murder | Unintentional murders; recognised in Florida, Minnesota, and Pennsylvania |
| Felony murder | Homicide committed when the defendant prepares an inherently dangerous felony |
| Capital murder | First-degree murder with aggravating factors, such as the killing of a police officer |
| Punishment for first-degree murder | Life imprisonment or capital punishment |
| Punishment for second-degree murder | Imprisonment, but not capital punishment |
| Punishment for third-degree murder | Maximum of 40 years' imprisonment |
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What You'll Learn
First-degree murder
In the United States, the law for murder varies across jurisdictions. While some states have adopted a hierarchy of acts known collectively as homicide, others have retained the common-law definition of murder as homicide "with malice aforethought". First-degree murder, at the top of this hierarchy, is considered the most serious form of homicide.
The punishment for first-degree murder also varies depending on the jurisdiction. "Life imprisonment" is a common penalty, but its specific meaning differs across states. Capital punishment is a legal sentence in many states and the federal civilian and military legal systems. However, some states have abolished the death penalty, opting instead for life imprisonment without the possibility of parole.
The classification of murder into degrees was first introduced in Pennsylvania in 1794. This change was motivated by a desire to limit the application of capital punishment, which was previously applicable to a broader range of crimes under English common law. Since then, various states have adopted different systems for classifying murders by degree, with some recognising only two degrees (first and second) and others including a third degree.
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Second-degree murder
In the United States, the law for murder varies by jurisdiction. While some states don't use the term "second-degree murder", most divide the crime of murder into different degrees. Second-degree murder is typically a homicide committed with malicious or extreme recklessness, but without premeditation. It is often a "catch-all" for murders that don't meet the criteria for first-degree murder.
The key factor that separates second-degree murder from first-degree murder is the lack of planning or premeditation. At the moment the murder happens, the killer intends to kill the victim or cause them severe harm, but up until that moment, they had no plan to commit murder. For example, in an argument, one neighbour impulsively grabs a gun and shoots the other, intending to kill them. While there was no premeditation, at the time the trigger was pulled, the killer intended to kill. This would likely be charged as second-degree murder.
Another situation that constitutes second-degree murder is when a victim dies as a result of the perpetrator's extreme indifference to the value of human life. Extreme indifference generally means a complete disregard for the possibility that an act will kill someone. For example, in an argument, instead of hitting the victim with a shovel, the perpetrator grabs a gun and wildly fires above a crowd of neighbours.
The punishment for second-degree murder is less severe than that for first-degree murder. It varies widely among states, ranging from under a year in prison to life imprisonment. Capital punishment is not available for a second-degree murder conviction.
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Third-degree murder
In the United States, the law for murder varies by jurisdiction. While some states have different levels of murder charges, only three states (Florida, Minnesota, and Pennsylvania) have third-degree murder laws.
In Pennsylvania, third-degree murder does not require intent to kill as in first-degree murder, but it still requires malice. Pennsylvania courts have ruled that the standard of "malice" required for a conviction of third-degree murder is the same as that required for aggravated assault. The common-law definition of murder as homicide "with malice aforethought" remains in force in Pennsylvania.
In Minnesota, a person can be convicted of third-degree murder when they act with a depraved mind and malice, which is a wanton disregard for human life. Minnesota's sentencing guidelines suggest 12.5 years of imprisonment for a first-offense third-degree murder (depraved mind).
In California, third-degree murder is a catch-all category that includes all other homicides characterized by recklessness or inattention. It generally aligns with manslaughter in California law, which is classified into two types: voluntary and involuntary.
The degrees of murder affect the government's burden of proof at trial and often influence sentencing. For instance, some states allow for the death penalty following a conviction for first-degree murder, while others may mandate life imprisonment.
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Felony murder
In common law, murder is defined as causing the death of another with "malice aforethought". However, there are no degrees of murder in common law. The degrees of murder are statutory overlays to common law, with first-degree murder being intentional killing with premeditation, and all other murders classified as second-degree murder.
In most jurisdictions, for a charge of felony murder, the underlying offense must present a foreseeable danger to life, and the link between the offense and the death must not be too remote. For example, if someone dies of a fatal allergic reaction to the ink of a forged check, most courts will not hold the forger guilty of murder, as the cause of death is too remote from the criminal act.
The felony murder rule has been abolished in some jurisdictions, such as England, Wales, and Northern Ireland, and is considered unconstitutional in Canada as it breaches the principles of fundamental justice. In the United States, the felony murder rule is a law in most states and under federal law. However, there may be exceptions to the rule depending on the jurisdiction. Some states, like Georgia and Missouri, may apply the rule to all felonies, while others may not apply it to co-felons if they did not intend or know that someone would be killed.
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Capital murder
The term "capital murder" is not a separate legal category but is used to describe murders that involve these specific aggravating circumstances. The presence of these factors can lead to stronger minimum sentences and remission rules compared to other types of murders. While the term "capital murder" is often used by the media and even by judges in jury instructions, it is important to note that legally, these murders may be referred to as "aggravated murder" or described using different terminology.
The punishment for capital murder can vary depending on the jurisdiction. In some states, capital murder may carry the death penalty, while in others, it may result in life imprisonment or a lengthy prison sentence. For example, Oregon has retained the death penalty as the maximum sentence for aggravated murder, while other states may have abolished the death penalty for all offences, including capital murder.
It is worth noting that the definition and punishment for murder can vary across different jurisdictions, and there may be further nuances within each state's legal system. Additionally, the specific circumstances and evidence presented in each case can influence how a murder is charged and the subsequent sentencing decisions.
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Frequently asked questions
No, at common law there are no degrees. Murder is causing the death of another with malice aforethought.
First-degree murder is an intentional killing with premeditation. The common-law definition of murder does not require premeditation.
First-degree murder is a premeditated killing where the defendant formed the intent to kill through a process of reasoning or deliberation. Second-degree murder is a killing with malicious intent but not premeditated.
