Anaya Nolan
Murder is a category of homicide, defined at common law as killing another human being with 'malice aforethought'. This encompasses several types of murder, including grievous bodily harm murder, felony murder, and depraved heart murder. While the precise definition varies by jurisdiction, most states distinguish between different degrees of murder, such as first, second, and third-degree murder. The Model Penal Code, adopted by some states, defines murder as purposefully or knowingly killing another, or showing extreme recklessness.
| Characteristics | Values |
|---|---|
| Definition | Murder is the unlawful killing of a reasonable person with malice aforethought, express or implied |
| Intent | To cause serious harm or injury, or to kill |
| Legal justification | None |
| Common Law | Murder is defined by common law rather than statute |
| Transferred Malice | If harm is intended for one person but another is harmed or killed, the intent is 'transferred' |
| Felony Murder Rule | If a defendant commits a felony and a victim dies, the crime becomes murder |
| Degrees of Murder | First-degree, second-degree, and capital murder |
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What You'll Learn
Homicide vs. murder
Homicide is a broad legal term for the act of killing a human being by another human being. It covers both lawful and unlawful killings and is not necessarily a crime. For instance, a justifiable killing of a suspect by the police and a killing in self-defence are considered legal homicides. Homicide becomes a crime when committed without a legal justification or excuse.
Murder, on the other hand, is an unlawful homicide committed with "malice aforethought". Malice aforethought does not require the killer to have acted out of spite or hate. It exists if a defendant intends to kill someone without legal justification or excuse. Murder is the most serious form of homicide and is considered a crime in most jurisdictions. It is defined, at common law, as the unlawful killing of a reasonable person with malice aforethought express or implied. The malice aforethought element of murder was originally termed "malice aforethought", although it required neither malice nor premeditation.
The degree of intention and forethought may vary in murder, and the consequences range from a couple of years to life imprisonment. Murder indicates the worst type of homicide. To be considered murder, a homicide must involve intent and premeditation. The method of killing and what the deceased person experienced before dying also inform the level of guilt and consequence.
Manslaughter is another form of homicide that refers to the unlawful killing where the individual lacks the intentional planning required to be charged with murder. Manslaughter is a serious classification but provides reduced punishment compared to murder because it involves no intentional killing. First-degree manslaughter occurs when someone intentionally causes death or kills while experiencing extreme emotional distress, while second-degree manslaughter is involuntary and occurs due to recklessness.
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Malice aforethought
In most common-law jurisdictions, the American Law Institute's Model Penal Code, and various U.S. state statutes, the term has been abandoned or substantially revised. The four states of mind now recognised as constituting "malice aforethought" in murder prosecutions are:
- Premeditation
- Express malice
- Reckless endangerment
- Implied malice
Express malice is present when someone has the specific intention to kill another person. This does not mean that the accused made a plan far in advance, but it could even be in the moment of the crime. If the person did the action knowing it would hurt or kill the other person, there was express malice involved, which is a form of malice aforethought.
Implied malice is present when someone intentionally and deliberately commits an act that they know to be dangerous to others, with conscious disregard for human life. If a person illegally causes another person's death without demonstrating the mental state of malice aforethought, they cannot be convicted of murder but may still be guilty of either voluntary or involuntary manslaughter.
In 19th-century America, malice aforethought was the mens rea element of murder. It remains a relic in those states with a separate first-degree murder charge. As of 1891, Texas courts were debating whether "malice" needed to be expressed or implied in the judge's jury instructions. However, the 1970s revision of the Texas Penal Code states that a murder must be committed "intentionally or knowingly".
The first statutory mention of malice aforethought dates to the reign of Richard II in 1389. In 1390, Parliament defined murder as "the death of a man slain by await, assault, or mallice prepensed". Henceforth, juries were instructed to consider whether a felony had been committed with malice aforethought.
Some scholars have identified concepts from Anglo-Saxon law as the origin of malice aforethought, but the connection is disputed. The Anglo-Saxon legal concept of forsteal included lying in wait and ambush, but it remains unclear whether premeditation or intent were requirements for murder during this period.
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Transferred malice
At common law, murder was defined as the unlawful killing of another human being with 'malice aforethought'. This legal term encompasses several types of murder, including "grievous-bodily-harm murder" and "felony murder".
The doctrine of transferred malice has been controversial in the UK. In Attorney General's Reference No 3 of 1994, the House of Lords reversed a Court of Appeal decision that applied transferred malice to convict a defendant of murder. In that case, the defendant stabbed a pregnant woman, and the child died four months after being born prematurely. The Court of Appeal held that the fetus was part of the mother, so the intent to harm the mother transferred to the fetus and then to the child after birth. However, the House of Lords disagreed, with Lord Mustill criticising the doctrine as lacking a sound intellectual basis.
In the US, the doctrine of transferred intent has been recognised in some state laws, including Ohio, where it was held to be valid in Bradshaw v. Richey, citing the decision in State v. Sowell that stated that if someone intends to kill one person but accidentally kills another, they are guilty of aggravated murder. The Model Penal Code, a proposal from the 1960s, invited states to adopt a standard where an element of a crime could be established even if the harm was caused to a different person or item than intended, as long as it was not too remote or accidental.
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Felony murder
Murder is an unlawful homicide committed with "malice aforethought". Malice aforethought does not imply that the killer acted out of spite or hatred. Instead, it exists if a defendant intends to kill someone without legal justification or excuse.
In most jurisdictions, 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 a person 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 in Canada, it has been held to be unconstitutional. However, in other jurisdictions, such as Victoria and New South Wales in Australia, it has been replaced by similar statutory provisions.
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Degrees of murder
Murder is when a person unlawfully kills another person. Murder is a category of homicide, and the precise legal definition of murder varies by jurisdiction. Most states distinguish between different degrees of murder (first, second, and third).
First-Degree Murder
First-degree murder is the most serious form of murder. It is characterised by intent, premeditation, willfulness, planning, and deliberation. It carries the most severe punishment of any crime, including death or life imprisonment without parole. First-degree murder must be committed with the intent to kill and a general disregard for human life. In California, for example, first-degree murders often have some of the strongest punishments, including a minimum of 25 years in prison and as high as life imprisonment without parole, or even capital punishment in some instances.
Second-Degree Murder
Second-degree murder is less serious than first-degree murder but is still a grave crime. It typically occurs while committing a felony such as robbery and is punishable by life imprisonment without parole. Second-degree murder may be intentional but could be unplanned, with the accused acting out of anger. It is considered an act of complete disregard for human life. Second-degree murder is typically any killing committed with malice aforethought that is not specifically designated as first-degree murder.
Third-Degree Murder
Third-degree murder encompasses all other types of murder that do not fall within first- or second-degree murder categories, such as unintentional murders. It is characterised by recklessness or inattention. Only three states recognise third-degree murder: Florida, Pennsylvania, and Minnesota.
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Frequently asked questions
Murder is the unlawful killing of another person. It is a category of homicide, which is not always unlawful. At common law, murder was historically defined as killing another human being with 'malice aforethought'.
Malice aforethought is a legal term encompassing several types of murder. These include grievous bodily harm murder, felony murder, and depraved heart murder.
Felony murder is killing someone while committing a felony. For example, robbery was a felony, and so a robber who accidentally killed someone during a robbery could be executed.
Depraved heart murder is killing someone in a way that demonstrates a callous disregard for human life. For example, if a person intentionally fires a gun into a crowded room and someone dies, they could be convicted of depraved heart murder.
