the killing of a human being by a sane person, with intent, malice aforethought
(prior intention to kill the particular victim or anyone who gets in the way) and
with no legal excuse or authority. In those clear circumstances, this is first degree
murder. By statute, many states consider a killing in which there is torture, movement
of the person before the killing (kidnapping) or the death of a police officer or
prison guard, or it was as an incident to another crime (as during a hold-up or
rape), to be first degree murder, with or without premeditation and with malice
presumed. Second degree murder is such a killing without premeditation, as in the
heat of passion or in a sudden quarrel or fight. Malice in second degree murder
may be implied from a death due to the reckless lack of concern for the life of
others (such as firing a gun into a crowd or bashing someone with any deadly weapon).
Depending on the circumstances and state laws, murder in the first or second degree
may be chargeable to a person who did not actually kill, but was involved in a crime
with a partner who actually did the killing or someone died as the result of the
crime. Example In a liquor store stick-up in which the clerk shoots back at the
hold-up man and kills a bystander, the armed robber can be convicted of at least
second degree murder. A charge of murder requires that the victim must die within
a year of the attack. Death of an unborn child who is "quick" (fetus is moving)
can be murder, provided there was premeditation, malice and no legal authority.
Thus, abortion is not murder under the law. Example Jack Violent shoots his pregnant
girlfriend, killing the fetus. Manslaughter, both voluntary and involuntary, lacks
the element of malice aforethought.
See also first degree murder homicide malice aforethought manslaughter premeditation
second degree murder
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