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Are there different degrees of murder?
Yes, there are varying degrees of murder, and different states define these degrees differently.
First-degree
murder is the most serious form of murder. In most states, it is
categorized as "deliberate" - that is, the defendant made a
clear-headed decision to kill the victim; "premeditated" - the defendant
actually thought about the killing before it occurred (the period for
this can be very brief); and "with malice"- doing a harmful act without
just cause or legal excuse. So if someone decides to kill a business
rival who is attempting a corporate takeover, gets a gun, waits for the
victim in a deserted parking garage, and shoots him, that killing would
have all the elements of first-degree murder. If, on the other hand,
the competitors get in a fight when the rival announces his intentions
to take over the other man's business, and the second man picks up
something and hits the rival with it, causing his death, that is not
likely to be first-degree murder. The killer did not plan or make a
decision to kill in advance.
Some states consider killings
committed in specific way to be first-degree murder. Although these
vary by state, they can include killing by poison, by lying in wait,
and by torture. States may also presume malice if the killing is done
with a deadly weapon.
Second-degree murder is killing another with malice - doing a harmful
act without just cause or legal excuse - but without premeditation or
deliberation. In other words, this means intentionally killing someone
without planning to do so in advance. So, if a person becomes angry,
walks over to a desk where he keeps a legal weapon for defense, takes
out the gun and shoots the other, that may be second-degree murder.
There was no plan or advance decision to kill, but the act of taking
out the gun and shooting was intentional.
Felony murder is a killing that happens during the course of the
commission of a felony. Even a death that is an accident, will be
considered felony murder by most states if it happens while a felony is
being committed. For example, if someone becomes frightened and falls
down a flight of stairs during a robbery, that would be felony murder
in some states, even though the death was accidental and the robber did
not mean to cause the death. If 3 people are involved in robbing a bank
and one of them shoots a guard, against the wishes of the others, all 3
would be guilty of felony murder, since they willingly participated in
the felony.
If the killing happens during certain felonies, determined by the
state, it will be considered first-degree felony murder. The felonies
most often included in this category are arson, robbery, burglary,
rape, mayhem and kidnapping.
(Reviewed 11.4.08) |
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