Legal Definitions - Murder

Murder is the act of unlawfully killing another human being. It is a serious crime that is punishable by law. The definition of murder may vary depending on the jurisdiction, but most states distinguish between different degrees of murder.

At common law, murder was defined as killing another human being with malice aforethought. Malice aforethought is a legal term that encompasses different types of murder:

• Intent-to-kill murder
• Grievous-bodily-harm murder - killing someone in an attack intended to cause them grievous bodily harm
• Felony-murder - killing someone while in the process of committing a felony
• Depraved heart murder - killing someone in a way that demonstrates a callous disregard for the value of human life

For example, if a person intentionally fires a gun into a crowded room, and someone dies, the person could be convicted of depraved heart murder.

The Pennsylvania Method is a system of classifying murder by degree. Certain types of murder are considered first-degree murder and carry the death penalty. All other types of murder are second-degree murder, which does not carry the death penalty.

First-degree murder includes:

• Willful, deliberate, and premeditated murder
• Particularly heinous types of murder, such as poisoning and lying in wait to kill someone by ambush
• Felony-murder, but only for certain listed felonies

For example, if a robber accidentally killed someone during a robbery, the robber could be executed.

The Model Penal Code is a set of laws that many states use as a guide for their own criminal codes. Under the Model Penal Code, murder can be:

• Purposefully or knowingly killing another human being
• Killing another human being in circumstances showing extreme recklessness
• Felony-murder

For example, if a person intentionally kills someone, they can be charged with murder under the Model Penal Code.

Murder is a serious crime that can result in severe punishment, including the death penalty. The definition of murder may vary depending on the jurisdiction, but it generally involves the unlawful killing of another human being with malice aforethought.