Murder (United States law)
Encyclopedia
In the United States
, the principle of dual sovereignty
applies to homicide, as to other crimes. If murder is committed within the borders of a state
, that state has jurisdiction. Similarly, if the crime is committed in the District of Columbia, the D.C Superior Court (the equivalent of a state court in the District) retains jurisdiction, though in some cases involving U.S. government property or personnel, the federal courts may have exclusive jurisdiction. If the victim is a federal
official, an ambassador
, consul
or other foreign official under the protection of the United States, or if the crime took place on federal property or involved crossing state lines, or in a manner that substantially affects interstate commerce or national security
, then the federal government
also has jurisdiction. If a crime is not committed within any state, then Federal jurisdiction is exclusive: examples include naval
or U.S.-flagged merchant vessels
in international waters
and U.S. military
bases worldwide. In addition, murder by a member of the United States military anywhere in the world is a violation of Article 118 of the Uniform Code of Military Justice
and can result in a servicemember suspected of murder being tried by a general court-martial
. In cases where a murder involves both state and federal jurisdiction, the offender can be tried and punished separately for each crime without raising issues of double jeopardy
, unless the court believes that the new prosecution is merely a "sham" forwarded by the prior prosecutor.
Modern codifications tend to create a genus of offenses, known collectively as homicide
, of which murder is the most serious species, followed by manslaughter
which is less serious, and ending finally in justifiable homicide
, which is not a crime at all. Because there are 53 jurisdictions, each with its own criminal code, this section treats only the crime of murder, and does not deal with state-by-state specifics.
At base, murder consists of an intentional unlawful act with a design to kill and fatal consequences. Generally, an intention to cause great bodily harm is considered indistinguishable from an intention to kill, as is an act so inherently dangerous that any reasonable person
would realize the likelihood of fatality. Thus, if the defendant hurled the victim from a bridge, it is no defense to argue that harm was not contemplated, or that the defendant hoped only to break bones.
Under U.S. federal law, murder is the unlawful killing of a human being with malice aforethought
. Malice can be expressed (intent to kill) or implied. Implied malice is proven by acts that involve reckless indifference to human life or in a death that occurs during the commission of certain felonies (the felony murder rule). The exact terms of the felony murder vary tremendously from jurisdiction to jurisdiction. Life sentencing for murder in the United States has a mean of 349 months (29 years one month) and a median of 480 months (40 years). However, some states' sentencings contemplate a full life's confinement, whence the sentence of confinement is not deemed fulfilled while the convicted person lives; and the only way to fulfill the sentence (and thereby obtain release from confinement) is by the individuals death. These sentences are termed natural life and/or life without the possibility of parole. Additionally, life without the possibility of parole can be defined under special circumstances for example in the course of a robbery or additional crimes. (People v. Horn) Court of Appeals of California, Fourth District, Division One
The Model Penal Code
classifies homicides differently, without degrees. Under it, murder is any killing committed purposefully and knowingly, manslaughter is any killing committed as a result of recklessness, and negligent homicide is any killing resulting from negligence.
Some states classify their murders differently. In Pennsylvania, California, and Massachusetts, first degree murder encompasses premeditated murders, second degree murder encompasses accomplice liability
, and third degree serves as a catch-all for other murders. In New York, first-degree murder involves "special circumstances," such as the murder of a police officer or witness to a crime, multiple murders, or murders involving torture. Under this system, second degree murder is any other premeditated murder.
Texas uses a similar scheme to New York, but refers to first-degree murder as "capital murder." Other states use the term "capital murder" for those offenses that merit death, and the term is often used even in states whose statutes do not include the term.
Under the common law
, an assault on a pregnant woman resulting in a stillbirth
was not considered murder; the child had to have breathed at least once to be a human being. Remedies were limited to criminal penalties for the assault on the mother and tort
action for loss of the anticipated economic services of the lost child and/or for emotional pain and suffering. With the widespread adoption of laws against abortion
, the assailant could be charged with that offense, but the penalty was often only a fine and a few days in jail.
When the Supreme Court
greatly reduced laws prohibiting abortions in Roe v. Wade
(1973) those sanctions became harder to use. This meant that an assault which ensured that the baby never breathed would result in a lesser charge. Various states passed "fetal homicide" laws, making killing of an unborn child murder; the laws differ about the stage of development at which the child is protected. After several well-publicized cases, Congress passed the Unborn Victims of Violence Act
, which specifically criminalizes harming a fetus, with the same penalties as for a similar attack upon a person, when the attack would be a federal offense. Most such attacks fall under state laws; for instance, Scott Peterson
was convicted of killing his unborn son as well as his wife under California's pre-existing fetal homicide law.
, a person is charged with murder when the offender knowingly and intentionally causes the death of a person or unborn child. The murder must be premeditated. In the state of Arizona, if one is found guilty of murder 1, there is the possibility of receiving the death penalty.
, a person is guilty of first degree murder when it is perpetrated from a premeditated design to result in the death of a human being. A person is also guilty of first degree murder if they cause the death of any individual during the commission of a predicate felony regardless of actual intent or premeditation. This is called felony murder
. This offense is categorized as capital offense, if convicted the offender could possibly receive the death penalty in the State of Florida
.
, a person commits first degree murder when the crime involves one or more specific elements:
The State of Hawaii has no death penalty. If they are found guilty, the maximum penalty is life imprisonment without the possibility of parole.
states that homicide in the first degree is killing of a human being with intent. There are other specific guidelines like killing a police officer or firefighter is an automatic first degree charge or intent to kill more than one person is automatically a first degree charge. In the State of Louisiana you can receive life imprisonment or the death penalty.
, 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 Michigan the top penalty perpetrator can receive is life imprisonment, the punishment cannot be cruel and unusual.
, "A person commits the crime of murder in the first degree if he knowingly causes the death of another person after deliberation upon the matter." Murder in the second degree occurs when (1) the defendant knowingly causes the death of another person or causes their death "with the purpose of causing serious physical injury" or (2) the perpetration, attempted perpetration, or immediate flight from a felony results in a person being killed
. Murder in the first degree is punishable by imprisonment for life without eligibility for release except by act of the governor, or by death if the defendant is old enough. Murder in the second degree is punishable by ten to thirty years imprisonment or a life sentence.
, first degree murder is the unlawful killing of a human being with malice and aforethought, either expressed or implied. If a serial killer
is found guilty with aggravating circumstances, for example killing someone with torture or killing a stranger with no apparent motive, then the State can seek the death penalty or a sentence of life without parole.
.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, the principle of dual sovereignty
Federalism
Federalism is a political concept in which a group of members are bound together by covenant with a governing representative head. The term "federalism" is also used to describe a system of the government in which sovereignty is constitutionally divided between a central governing authority and...
applies to homicide, as to other crimes. If murder is committed within the borders of a state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
, that state has jurisdiction. Similarly, if the crime is committed in the District of Columbia, the D.C Superior Court (the equivalent of a state court in the District) retains jurisdiction, though in some cases involving U.S. government property or personnel, the federal courts may have exclusive jurisdiction. If the victim is a federal
Federal government of the United States
The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...
official, an ambassador
Ambassador
An ambassador is the highest ranking diplomat who represents a nation and is usually accredited to a foreign sovereign or government, or to an international organization....
, consul
Consul
Consul was the highest elected office of the Roman Republic and an appointive office under the Empire. The title was also used in other city states and also revived in modern states, notably in the First French Republic...
or other foreign official under the protection of the United States, or if the crime took place on federal property or involved crossing state lines, or in a manner that substantially affects interstate commerce or national security
National security
National security is the requirement to maintain the survival of the state through the use of economic, diplomacy, power projection and political power. The concept developed mostly in the United States of America after World War II...
, then the federal government
Federal government of the United States
The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...
also has jurisdiction. If a crime is not committed within any state, then Federal jurisdiction is exclusive: examples include naval
United States Navy
The United States Navy is the naval warfare service branch of the United States Armed Forces and one of the seven uniformed services of the United States. The U.S. Navy is the largest in the world; its battle fleet tonnage is greater than that of the next 13 largest navies combined. The U.S...
or U.S.-flagged merchant vessels
United States Merchant Marine
The United States Merchant Marine refers to the fleet of U.S. civilian-owned merchant vessels, operated by either the government or the private sector, that engage in commerce or transportation of goods and services in and out of the navigable waters of the United States. The Merchant Marine is...
in international waters
International waters
The terms international waters or trans-boundary waters apply where any of the following types of bodies of water transcend international boundaries: oceans, large marine ecosystems, enclosed or semi-enclosed regional seas and estuaries, rivers, lakes, groundwater systems , and wetlands.Oceans,...
and U.S. military
United States armed forces
The United States Armed Forces are the military forces of the United States. They consist of the Army, Navy, Marine Corps, Air Force, and Coast Guard.The United States has a strong tradition of civilian control of the military...
bases worldwide. In addition, murder by a member of the United States military anywhere in the world is a violation of Article 118 of the Uniform Code of Military Justice
Uniform Code of Military Justice
The Uniform Code of Military Justice , is the foundation of military law in the United States. It is was established by the United States Congress in accordance with the authority given by the United States Constitution in Article I, Section 8, which provides that "The Congress shall have Power . ....
and can result in a servicemember suspected of murder being tried by a general court-martial
Courts-martial in the United States
Courts-martial in the United States are criminal trials conducted by the U.S. military. Most commonly, courts-martial are convened to try members of the U.S. military for violations of the Uniform Code of Military Justice , which is the U.S. military's criminal code...
. In cases where a murder involves both state and federal jurisdiction, the offender can be tried and punished separately for each crime without raising issues of double jeopardy
Double jeopardy
Double jeopardy is a procedural defense that forbids a defendant from being tried again on the same, or similar charges following a legitimate acquittal or conviction...
, unless the court believes that the new prosecution is merely a "sham" forwarded by the prior prosecutor.
Modern codifications tend to create a genus of offenses, known collectively as homicide
Homicide
Homicide refers to the act of a human killing another human. Murder, for example, is a type of homicide. It can also describe a person who has committed such an act, though this use is rare in modern English...
, of which murder is the most serious species, followed by manslaughter
Manslaughter
Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates...
which is less serious, and ending finally in justifiable homicide
Justifiable homicide
The United States' concept of justifiable homicide in criminal law stands on the dividing line between an excuse, justification and an exculpation. It is different from other forms of homicide in that due to certain circumstances the homicide is justified as preventing greater harm to innocents...
, which is not a crime at all. Because there are 53 jurisdictions, each with its own criminal code, this section treats only the crime of murder, and does not deal with state-by-state specifics.
At base, murder consists of an intentional unlawful act with a design to kill and fatal consequences. Generally, an intention to cause great bodily harm is considered indistinguishable from an intention to kill, as is an act so inherently dangerous that any reasonable person
Reasonable person
The reasonable person is a legal fiction of the common law that represents an objective standard against which any individual's conduct can be measured...
would realize the likelihood of fatality. Thus, if the defendant hurled the victim from a bridge, it is no defense to argue that harm was not contemplated, or that the defendant hoped only to break bones.
Under U.S. federal law, murder is the unlawful killing of a human being with malice aforethought
Malice aforethought
Malice aforethought is the "premeditation" or "predetermination" that was required as an element of some crimes in some jurisdictions, and a unique element for first-degree or aggravated murder in a few.-Legal history:...
. Malice can be expressed (intent to kill) or implied. Implied malice is proven by acts that involve reckless indifference to human life or in a death that occurs during the commission of certain felonies (the felony murder rule). The exact terms of the felony murder vary tremendously from jurisdiction to jurisdiction. Life sentencing for murder in the United States has a mean of 349 months (29 years one month) and a median of 480 months (40 years). However, some states' sentencings contemplate a full life's confinement, whence the sentence of confinement is not deemed fulfilled while the convicted person lives; and the only way to fulfill the sentence (and thereby obtain release from confinement) is by the individuals death. These sentences are termed natural life and/or life without the possibility of parole. Additionally, life without the possibility of parole can be defined under special circumstances for example in the course of a robbery or additional crimes. (People v. Horn) Court of Appeals of California, Fourth District, Division One
Degrees of murder in the United States
States have adopted several different schemes for classifying murders by degree. The most common separates murder into two degrees, and treats voluntary and involuntary manslaughter as separate crimes that do not constitute murder. In some states, such as Florida, there is no separation for manslaughter. In the state of Florida it is simply manslaughter.- First Degree Murder is any murder that is willful and premeditated. Felony MurderFelony murder ruleThe rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder in two ways. First, when an offender kills accidentally or without specific intent to kill in the course of an applicable felony, what might have been manslaughter is escalated to murder...
is typically first degree. - Second Degree Murder is a murder that is not premeditated or planned in advance.
- Voluntary Manslaughter sometimes called a "Heat of Passion" murder, is any intentional killing that involved no prior intent to kill, and which was committed under such circumstances that would "cause a reasonable person to become emotionally or mentally disturbed." Both this and second degree murder are committed on the spot, but the two differ in the magnitude of the circumstances surrounding the crime. For example, a bar fight that results in death would ordinarily constitute second degree murder. If that same bar fight stemmed from a discovery of infidelity, however, it may be mitigated to voluntary manslaughter.
- Involuntary Manslaughter stems from unintentional, but criminally negligent behavior. A drunk driving-related death is typically involuntary manslaughter. Note that the "unintentional" element here refers to the lack of intent to bring about the death. All three crimes above feature an intent to kill, whereas involuntary manslaughter is "unintentional," because the killer did not intend for a death to result from his intentional actions.
The Model Penal Code
Model Penal Code
The Model Penal Code is a statutory text which was developed by the American Law Institute in 1962. The Chief Reporter on the project was Herbert Wechsler. The current form of the MPC was last updated in 1981. The purpose of the MPC was to stimulate and assist legislatures in making an effort to...
classifies homicides differently, without degrees. Under it, murder is any killing committed purposefully and knowingly, manslaughter is any killing committed as a result of recklessness, and negligent homicide is any killing resulting from negligence.
Some states classify their murders differently. In Pennsylvania, California, and Massachusetts, first degree murder encompasses premeditated murders, second degree murder encompasses accomplice liability
Complicity
Complicity is a novel by Scottish author Iain Banks. It was published in 1993.-Plot introduction:Its two main characters are Cameron Colley, a journalist on a Scottish newspaper called The Caledonian, which resembles The Scotsman, and a serial murderer whose identity is a mystery...
, and third degree serves as a catch-all for other murders. In New York, first-degree murder involves "special circumstances," such as the murder of a police officer or witness to a crime, multiple murders, or murders involving torture. Under this system, second degree murder is any other premeditated murder.
Texas uses a similar scheme to New York, but refers to first-degree murder as "capital murder." Other states use the term "capital murder" for those offenses that merit death, and the term is often used even in states whose statutes do not include the term.
Federal
Source:| Offense | Mandatory sentencing |
|---|---|
| Second degree murder | Imprisonment for life or any term |
| Second degree murder by an inmate, even escaped, serving a life sentence | Life imprisonment |
| First degree murder | Death or life imprisonment |
Military
Source:| Offense | Mandatory sentencing |
|---|---|
| Murder under UCMJ Uniform Code of Military Justice The Uniform Code of Military Justice , is the foundation of military law in the United States. It is was established by the United States Congress in accordance with the authority given by the United States Constitution in Article I, Section 8, which provides that "The Congress shall have Power . .... Article 118 Clause (2) or (3) |
Any legal punishment (other than death) as directed by the court-martial |
| Murder under UCMJ Article 118 Clause (1) or (4) | Death or life imprisonment |
Fetal homicide in the United States
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
, an assault on a pregnant woman resulting in a stillbirth
Stillbirth
A stillbirth occurs when a fetus has died in the uterus. The Australian definition specifies that fetal death is termed a stillbirth after 20 weeks gestation or the fetus weighs more than . Once the fetus has died the mother still has contractions and remains undelivered. The term is often used in...
was not considered murder; the child had to have breathed at least once to be a human being. Remedies were limited to criminal penalties for the assault on the mother and tort
Tort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
action for loss of the anticipated economic services of the lost child and/or for emotional pain and suffering. With the widespread adoption of laws against abortion
Abortion
Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
, the assailant could be charged with that offense, but the penalty was often only a fine and a few days in jail.
When the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
greatly reduced laws prohibiting abortions in Roe v. Wade
Roe v. Wade
Roe v. Wade, , was a controversial landmark decision by the United States Supreme Court on the issue of abortion. The Court decided that a right to privacy under the due process clause in the Fourteenth Amendment to the United States Constitution extends to a woman's decision to have an abortion,...
(1973) those sanctions became harder to use. This meant that an assault which ensured that the baby never breathed would result in a lesser charge. Various states passed "fetal homicide" laws, making killing of an unborn child murder; the laws differ about the stage of development at which the child is protected. After several well-publicized cases, Congress passed the Unborn Victims of Violence Act
Unborn Victims of Violence Act
The Unborn Victims of Violence Act of 2004 is a United States law which recognizes a "child in utero" as a legal victim, if he or she is injured or killed during the commission of any of over 60 listed federal crimes of violence...
, which specifically criminalizes harming a fetus, with the same penalties as for a similar attack upon a person, when the attack would be a federal offense. Most such attacks fall under state laws; for instance, Scott Peterson
Scott Peterson
Scott Lee Peterson , an American, was convicted of murdering his wife, Laci Peterson, and their unborn child in Modesto, California, in 2002. Peterson's arrest and subsequent trial dominated the American news media until 2005, when he was sentenced to death by lethal injection...
was convicted of killing his unborn son as well as his wife under California's pre-existing fetal homicide law.
Arizona
In ArizonaArizona
Arizona ; is a state located in the southwestern region of the United States. It is also part of the western United States and the mountain west. The capital and largest city is Phoenix...
, a person is charged with murder when the offender knowingly and intentionally causes the death of a person or unborn child. The murder must be premeditated. In the state of Arizona, if one is found guilty of murder 1, there is the possibility of receiving the death penalty.
Florida
In FloridaFlorida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
, a person is guilty of first degree murder when it is perpetrated from a premeditated design to result in the death of a human being. A person is also guilty of first degree murder if they cause the death of any individual during the commission of a predicate felony regardless of actual intent or premeditation. This is called felony murder
Felony murder rule (Florida)
In the state of Florida, the common law felony murder rule has been codified in Florida Revised Statutes § 782.04.-First degree murder:The predicate felonies that will support a charge of first degree murder under the statute are:*Drug trafficking*Arson...
. This offense is categorized as capital offense, if convicted the offender could possibly receive the death penalty in the State of Florida
Capital punishment in Florida
Capital punishment is legal in the U.S. state of Florida. Florida was the first state to reintroduce the death penalty after the Supreme Court of the United States struck down all statutes in the country in the 1972 Furman v. Georgia decision, and the first to perform a post-Furman involuntary...
.
Hawaii
In HawaiiHawaii
Hawaii is the newest of the 50 U.S. states , and is the only U.S. state made up entirely of islands. It is the northernmost island group in Polynesia, occupying most of an archipelago in the central Pacific Ocean, southwest of the continental United States, southeast of Japan, and northeast of...
, a person commits first degree murder when the crime involves one or more specific elements:
- Multiple victims killed
- A law enforcement officer, judge, or prosecutor killed (in connection with their respective duties)
- A witness in a criminal case killed (in connection with the person being a witness)
- Murder committed for hire (with the charge applying to both the murderer and the person who paid the murderer)
- Murder committed by an imprisoned person
The State of Hawaii has no death penalty. If they are found guilty, the maximum penalty is life imprisonment without the possibility of parole.
Louisiana
LouisianaLouisiana
Louisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state in the U.S. with political subdivisions termed parishes, which are local governments equivalent to counties...
states that homicide in the first degree is killing of a human being with intent. There are other specific guidelines like killing a police officer or firefighter is an automatic first degree charge or intent to kill more than one person is automatically a first degree charge. In the State of Louisiana you can receive life imprisonment or the death penalty.
Michigan
In MichiganMichigan
Michigan is a U.S. state located in the Great Lakes Region of the United States of America. The name Michigan is the French form of the Ojibwa word mishigamaa, meaning "large water" or "large lake"....
, 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 Michigan the top penalty perpetrator can receive is life imprisonment, the punishment cannot be cruel and unusual.
Missouri
In MissouriMissouri
Missouri is a US state located in the Midwestern United States, bordered by Iowa, Illinois, Kentucky, Tennessee, Arkansas, Oklahoma, Kansas and Nebraska. With a 2010 population of 5,988,927, Missouri is the 18th most populous state in the nation and the fifth most populous in the Midwest. It...
, "A person commits the crime of murder in the first degree if he knowingly causes the death of another person after deliberation upon the matter." Murder in the second degree occurs when (1) the defendant knowingly causes the death of another person or causes their death "with the purpose of causing serious physical injury" or (2) the perpetration, attempted perpetration, or immediate flight from a felony results in a person being killed
Felony murder rule
The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder in two ways. First, when an offender kills accidentally or without specific intent to kill in the course of an applicable felony, what might have been manslaughter is escalated to murder...
. Murder in the first degree is punishable by imprisonment for life without eligibility for release except by act of the governor, or by death if the defendant is old enough. Murder in the second degree is punishable by ten to thirty years imprisonment or a life sentence.
Nevada
In NevadaNevada
Nevada is a state in the western, mountain west, and southwestern regions of the United States. With an area of and a population of about 2.7 million, it is the 7th-largest and 35th-most populous state. Over two-thirds of Nevada's people live in the Las Vegas metropolitan area, which contains its...
, first degree murder is the unlawful killing of a human being with malice and aforethought, either expressed or implied. If a serial killer
Serial killer
A serial killer, as typically defined, is an individual who has murdered three or more people over a period of more than a month, with down time between the murders, and whose motivation for killing is usually based on psychological gratification...
is found guilty with aggravating circumstances, for example killing someone with torture or killing a stranger with no apparent motive, then the State can seek the death penalty or a sentence of life without parole.
Washington State
In the state of Washington, a person is found guilty of first degree murder when there is a premeditated intent to cause the death of another person. Murder in the first degree is a class A felony in the state of Washington. If a person is convicted of first degree murder, they will not receive anything lower than life imprisonment. The offender can possibly get a charge of aggravated first degree murder if they commit first degree murder and have an aggravating circumstance, for example if they kill a police officer. In this case they can receive the death penaltyCapital punishment in Washington
Capital punishment is a legal form of punishment in the U.S. state of Washington. A total of 110 executions have been carried out in the state and its predecessor territories since 1849. All but three were by hanging.-History:...
.