although it varies from state to state, it is generally a killing which is deliberate
and premeditated (planned, after lying in wait, by poison or as part of a scheme),
in conjunction with felonies such as rape, burglary, arson, or involving multiple
deaths, the killing of certain types of people (such as a child, a police officer,
a prison guard, a fellow prisoner), or certain weapons, particularly a gun. The
specific criteria for first degree murder, are established by statute in each state
and by the U. S. Code in federal prosecutions. It is distinguished from second degree
murder in which premeditation is usually absent, and from manslaughter, which lacks
premeditation and suggests that at most there was intent to harm rather than to
kill.
See also felony murder doctrine manslaughter murder second degree murder
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