The unlawful, intentional killing of another human being is considered the most serious criminal offense. These killings range from cold and careful killings by a paid assassin to those that are the culminations of one spouse’s rage and frustration toward the other. The weapon used to commit the murder can be anything from a firearm to ones bare hands.
Almost 25,000 people are murdered each year in the United States. This does not include the criminal homicide and manslaughter charges issued for deaths caused by drunk driving accidents, which adds more than 25,000 to the total number of victims.
Murder is defined as unlawful homicide with malice aforethought. The phrase malice aforethought signifies the mental state of the person who voluntarily, without legal excuse or justification, does an act that ordinarily will cause death or injury to another.
First and Second Degree Murder
Most states have two degrees of murder. The creation of degrees separates murder into two categories:
- Punishable by death
- Not punishable by death
Classifications of Murder
- Intent-to-Kill Murder: The type of weapon used or the manner in which the fatal blow is delivered is not necessarily significant. Rather, the specific intent to take the life of another human being separates this crime from all other degrees of homicide. The type of weapon and the manner, in which it is used, however, may give rise to the legal inference that a person intends the natural and probable consequences of his or her deliberate acts.
- Intent-to-Do-Serious-Bodily-Harm Murder: In this type of murder, it is found that the defendant intended to do serious bodily injury short of death, but his or her acts resulted in a killing.
- Depraved-Mind or Depraved-Heart Murder: When a death results from conduct that shows a wanton disregard for human life and when there is high probability that the conduct will result in death, the homicide can be classified as this type of murder.
- Felony Murder: The felony murder rule came into existence in England many years ago. The rule states that if a death occurs while a defendant is committing or attempting to commit a felony, the defendant could be convicted of felon y murder even if the death was unintended and accidental.
The Deadly Weapon Doctrine
Although intentional killings are the most common of all murders, rarely is direct evidence of the intent available. The deadly weapon doctrine is related to and is part of the inference that a person intends the natural and probable consequences of his or her deliberate acts. A loaded revolver is certainly a deadly weapon when aimed and fired at close range. Under such circumstances, a jury can easily infer an intent to kill, since the natural and probable consequences of this act would be death or serious bodily harm.
Transferred Intent
If a killer is a poor shot and misses the intended victim but hits and kills another person, he or she could argue there was no intent to kill that person. Or if there was a mistake of identity and the killer kills the wrong person, the same argument could be made. To accept such arguments would allow killers to benefit because of their poor marksmanship, or because they killed the wrong person in a mixup. However the law transfers the malice to the party slain even if it is not the intended person.
Murder Lawyer
If you have been charged with murder, it’s important to contact an experienced criminal lawyer who is familiar with your states laws and will protect your legal rights.
