Gavin Howe
The unlawful killing of another human without justification or valid excuse, murder, is considered an extremely serious crime in most societies. The eighteenth-century English jurist William Blackstone set out the common law definition of murder, which is typically punishable by death or a long-term prison sentence. The specific definition of murder and its punishment can vary by jurisdiction, with some distinguishing between premeditated murder and manslaughter, and others dividing murder by degrees. The Murder Act, which stood from 1752 until 1832, introduced harsher punishments for those convicted of murder, including hastened sentencing and execution, and the denial of a proper burial.
| Characteristics | Values |
|---|---|
| Date of creation | 26 March, 1752 |
| First jurisdiction | England |
| First jurisdiction to divide murder into degrees | Pennsylvania, 1794 |
| First jurisdiction to divide murder into three degrees | Wisconsin |
| First jurisdiction to distinguish premeditated murder | United States |
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What You'll Learn
Murder law history
The history of murder law can be traced back to the 18th century, with the English jurist William Blackstone providing a common law definition of murder in his Commentaries on the Laws of England. According to Blackstone, murder occurs when a person of sound memory and discretion unlawfully kills any reasonable creature under the king's peace with malice aforethought, either express or implied. At common law, murder was typically punishable by death.
In the United States, the first division of murder into graded subcategories (first degree being the most severe) was enacted in Pennsylvania in 1794. This led to a narrowing of the scope of capital punishment, with states distinguishing between first and second-degree murder. By 1953, three states (Florida, Minnesota, and Wisconsin) had further introduced the category of third-degree murder. The punishment for first-degree murder is typically death or life imprisonment without parole, while second-degree murder is punishable by a term of years or life imprisonment.
Some jurisdictions, like Canada and the United States, divide murder by degrees, with first-degree murder being the most aggravated form. Factors that distinguish first-degree murder vary by jurisdiction but may include premeditation, specific intent to kill, or the use of certain methods like strangulation or poisoning.
The concept of "murder for hire" is recognized as first-degree murder in some states, such as New York. Texas uses a similar scheme but refers to first-degree murder as "capital murder," which carries the death penalty. The definition of murder has also evolved to include the unlawful killing of a fetus or unborn child, with states like Arizona and California enacting fetal homicide laws.
The historical treatment of convicted murderers and the impact of the Murder Act in the 18th and 19th centuries are also notable. This Act hastened sentencing and execution, denied proper burials, and subjected convicted murderers to public anatomisation, dissection, or display.
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Murder definitions
The definition of murder varies across jurisdictions, and is usually codified in some form of legislation.
Common Law
According to English common law, murder is the unlawful killing of any reasonable creature in being and under the king's peace, with malice aforethought, either express or implied. This definition was set out by the eighteenth-century English jurist William Blackstone, citing Edward Coke, in his Commentaries on the Laws of England. Murder was normally punishable by death.
United States
In the United States, murder is generally divided into first- and second-degree murder, with some states further distinguishing third-degree murder. The first division of murder into these subcategories was enacted into the law of Pennsylvania in 1794, with the intention of narrowing the scope of application of capital punishment. First-degree murder is considered an aggravated form of murder, and aggravating factors depend on the jurisdiction but may include a specific intent to kill, premeditation, or deliberation. For instance, murders committed by strangulation, poisoning, or lying in wait are treated as first-degree murder in some states. Second-degree murder is common law murder, and does not involve aggravating factors. Third-degree murder is defined differently across states; for example, Minnesota defines it as depraved-heart murder, while Florida defines it as felony murder.
Spanish Criminal Law
In Spanish, murder is known as 'asesinato' or 'assassination'. It takes place when any of the following requirements concur: treachery (the use of means to avoid risk for the aggressor or to ensure that the crime goes unpunished), price or reward (financial gain), or viciousness (deliberately increasing the pain of the victim). After a reform of the Spanish Criminal Code in 2015, another circumstance that turns homicide into assassination is the desire to facilitate the commission of another crime or to prevent it from being discovered.
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Murder degrees
Murder is the unlawful killing of another human without justification or valid excuse, committed with the necessary intention as defined by the law in a specific jurisdiction. Some jurisdictions divide murder by degrees, with the most common distinction being between first- and second-degree murder.
First-Degree Murder
First-degree murder is the most serious form of murder and is often punished by life imprisonment or the death penalty. It is typically intentional and requires the accused to have committed premeditated murder. For example, they could have stalked the victim before committing the criminal act. First-degree murder must be committed with the intent to kill the victim. In California, first-degree murder is defined as any murder that is committed with intent and premeditation.
Second-Degree Murder
Second-degree murder is less serious than first-degree murder but more serious than third-degree murder. It may be intentional but could be unplanned, with the accused acting out of anger. Second-degree murder does not involve premeditation and may only have been intended to cause harm rather than death. In California, any murders that do not qualify under the first-degree category are considered second-degree murders. Second-degree murder is punishable by 15 years to life in prison.
Third-Degree Murder
Third-degree murder is a catch-all category that includes all other homicides. It is characterised by recklessness or inattention, such as a crime of passion. Third-degree murder may be punishable by up to four years in prison.
Voluntary Manslaughter
Voluntary manslaughter is a killing committed in the absence of malice, such as in the case of reasonable provocation or diminished capacity. It can also be considered a crime of passion murder.
Involuntary Manslaughter
Involuntary manslaughter is a killing that lacks all but the most attenuated guilty intent, such as recklessness. It is typically unintentional, with no prior intent to kill. Involuntary manslaughter may be punishable by up to four years in prison.
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Murder punishments
Murder is the unlawful killing of another human without justification or valid excuse, committed with the necessary intention as defined by the law in a specific jurisdiction. The punishment for murder has varied throughout history, with some jurisdictions dividing murder by degrees, and others considering all murder to be equally heinous.
In the eighteenth century, English jurist William Blackstone defined murder as occurring when a person, of sound memory and discretion, unlawfully kills any reasonable creature in being and under the king's peace, with malice aforethought, either express or implied. At this time, murder was punishable by death.
The Murder Act, in force from 1752 to 1832, hastened sentencing and execution for those convicted of murder. The Act also denied convicted murderers a proper burial, instead sentencing their bodies to public anatomisation, dissection, or being hung in chains on public display.
Today, the punishment for murder varies depending on the jurisdiction. In the United States, some states have maintained the offense of capital murder, punishable by death. Other states have divided murder into first and second degrees, with first-degree murder being the more serious offense. The distinction between first and second-degree murder is based on factors such as intent, premeditation, and deliberation. For example, in D.C., the punishment for first-degree murder is a minimum of 30 years to life imprisonment without release, while second-degree murder carries a sentence of up to life imprisonment.
In California, a person convicted of second-degree murder will face a sentence of 15 years to life in prison and will be eligible for parole after serving at least 15 years. Punishments are increased if the victim was a police officer or if a gun was used during the murder.
In other countries, a person convicted of murder may receive a long-term prison sentence, a life sentence, or in some cases, the death penalty.
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Murder law variations
The aggravating factors of first-degree murder depend on the jurisdiction but may include a specific intent to kill, premeditation, or deliberation. For instance, in Michigan, a person is found guilty of first-degree murder when murder is perpetrated by means of poison, lying in wait, or any other willful, deliberate, and premeditated killing. In Arizona, first-degree murder must be premeditated, and the death penalty may be given. In California, first-degree murder may result in the death penalty or life imprisonment without the possibility of parole. Second-degree murder in California carries a sentence of 15 years to life in prison.
Third-degree murder encompasses all other types of murder that do not fall within the first- or second-degree murder categories, such as unintentional murders. Minnesota defines third-degree murder as depraved-heart murder, while Florida defines it as felony murder.
Some jurisdictions also distinguish premeditated murder, which is punished more severely than manslaughter or other types of homicide.
In Spanish criminal law, 'asesinato' (assassination) occurs when certain requirements are met, including treachery, financial gain, or viciousness.
At common law, murder was defined as the unlawful killing of another human with malice aforethought, and it was normally punishable by death.
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Frequently asked questions
The idea that there are degrees of murder, and consequently different punishments for each degree, is an American one. It dates back to the turn of the 19th century, specifically 1794 when Pennsylvania enacted a law distinguishing between two different "degrees" of murder.
The Murder Act was a law in England from 1752 to 1832 that formalised existing practices of post-mortem punishment for murderers. The act involved public exposure and desecration of the body, and resulted in the obliteration of the murderer's corpse.
The most common division is between first- and second-degree murder. Generally, second-degree murder is common-law murder, and first-degree is an aggravated form. Some jurisdictions further distinguish third-degree murder.
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