Terms
Murder
Murder is the crime of intentionally causing another person's death without legal excuse or justification. Murder is a crime that falls under the category of criminal homicide. State and federal laws regarding homicide and murder are the most complex of any criminal laws. The classifications of homicidal and murder offenses are complex but are often divided into a handful of categories based on severity.
What constitutes murder has been the subject of controversy and debate for as long as criminal laws have been in place. There has been debate over what qualifies as "causing another person's death." Common law used the rule of "a year and a day" meaning that if a person's actions led to the death of another within a year and a day of the incident, the former could be charged with the murder of the latter.
Most states have jurisdiction over criminal cases involving murder. The federal system handles all murder cases involving the death of a federal official, when the murder occurs on federal property, and in other specific situations. Each state establishes and enforces their own laws regarding the definition and consequences of murder. The majority of states consider some acts of murder (those with aggravating factors) to be capital crimes, meaning that they are punishable by death. Others do not consider any form of murder a capital offense.
There are a few types of homicide, or murder, which are defined by law. First degree murder is the premeditated, deliberate, and/or malicious act of intentionally causing the death of another party. First degree murder is often referred to as "cold-blooded" murder because it is calculated and committed willfully with the intention to kill or do serious harm. Murder in the second degree is the crime of murdering in "the heat of passion" which can involve situations where a person acts during a period of intense fear, rage, anger, terror, or fear. This type of murder is often considered voluntary manslaughter. This type of murder can also occur when death results in the perpetration of another criminal act.
Third degree murder is often referred to as involuntary manslaughter. Involuntary manslaughter is murder that was not intended specifically by the defendant. Criminal negligence is often the precursor to involuntary manslaughter. Reckless use of a motor vehicle, firearms, explosives, animals, medicine, and the like that results in the death of a person falls under this category of murder. Some states also consider it murder to cause or aid another's suicide, or to supply drugs which result in death.
The laws regarding murder are complex and often unique to the jurisdiction where the crime took place. In order to convict a defendant of murder, the prosecution must prove beyond reasonable doubt that the defendant committed the acts in question (actus reus) under a specific mental state (mens rea). Individuals who have been charged with murder should speak with a professional defense attorney about their legal rights and options. There are strong defenses that can be built for the defendant in a murder case. If you would like to learn more about murder, please contact us to speak to a qualified attorney.
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