Malice murder is a criminal offense in the U.S. state of Georgia, committed when a homicide is done with express or implied malice.
According to Georgia law, express malice is "that deliberate intention unlawfully to take the life of another human being which is manifested by external circumstances capable of proof." Malice is implied when "no considerable provocation appears and where all the circumstances of the killing show an abandoned and malignant heart [AMH]." [1] The offense is similar to first-degree murder in other states. [2]
Diane Alexis Whipple was an American lacrosse player and college coach. She was killed in a dog attack in San Francisco on January 26, 2001. The dogs involved were two Presa Canarios. Paul Schneider, the dogs' owner, is a high-ranking member of the Aryan Brotherhood and is serving three life sentences in state prison. The dogs were looked after by Schneider's attorneys, Robert Noel and Marjorie Knoller, a husband and wife who lived in the same apartment building as Whipple. After the fatal attack, the state brought criminal charges against the attorneys. Noel, who was not present during the attack, was convicted of manslaughter. Knoller, who was present, was charged with implied-malice second-degree murder and convicted by the jury. Knoller's murder conviction, an unusual result for an unintended dog attack, was rejected by the trial judge but ultimately upheld. The case clarified the meaning of implied malice murder.
The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder: when someone is killed in the commission of a dangerous or enumerated crime, the offender, and also the offender's accomplices or co-conspirators, may be found guilty of murder.
Malice Green was an American resident of Detroit, Michigan who died after being assaulted by Detroit police officers Walter Budzyn and Larry Nevers on November 5, 1992. The official cause of death was ruled to be due to blunt force trauma to his head.
Lionel Alexander Tate is the youngest American citizen ever sentenced to life imprisonment without the possibility of parole, though this sentence was eventually overturned. In January 2001, when Tate was 13, he was convicted of first-degree murder for the 1999 battering death of six-year-old Tiffany Eunick in Broward County, Florida.
Lee Arrendale State Prison of the Georgia Department of Corrections is a women's prison located in Raoul, unincorporated Habersham County, Georgia, near Alto, and in proximity to Gainesville. It houses the state death row for women.
Kenneth Eugene Foster Jr. is a prisoner formerly on death row in Texas, convicted under the Texas law of parties. At 19 years old, he was convicted of murdering Michael LaHood Jr. on August 15, 1996 at 2:46 a.m., despite not firing a shot. On that same night, Foster, along with three of his friends, Julius Steen, Mauriceo Brown, and Dwayne Dillard, were driving around San Antonio committing armed robberies. Eventually, the group found LaHood outside his parents' home. From there, Mauriceo Brown allegedly exited the car and killed him with a shot to the head. Foster's conviction and death sentence were contested because he was convicted under the law of parties, not for physically committing the crime.
Capital punishment in Connecticut formerly existed as an available sanction for a criminal defendant upon conviction for the commission of a capital offense. Since the 1976 United States Supreme Court decision in Gregg v. Georgia until Connecticut repealed capital punishment in 2012, Connecticut had only executed one person, Michael Bruce Ross in 2005. Initially, the 2012 law allowed executions to proceed for those still on death row and convicted under the previous law, but on August 13, 2015, the Connecticut Supreme Court ruled that applying the death penalty only for past cases was unconstitutional.
Stephen Anthony Mobley was a convicted murderer executed by the State of Georgia for the 1991 killing of John C. Collins, a 25-year-old college student working nights as a Domino's pizza store manager. On appeal, Mobley's attorneys advanced a novel argument that Mobley was genetically predisposed to seeking violent solutions to conflict. The case was described by Nature Reviews Neuroscience as "perhaps the most widely cited case in which defence lawyers used genetic factors in the defence of their client".
Opened in 1969, Georgia Diagnostic and Classification Prison (GDCP) is a Georgia Department of Corrections prison for men in unincorporated Butts County, Georgia, near Jackson. The prison holds the state execution chamber. The execution equipment was moved to the prison in June 1980, with the first execution in the facility occurring on December 15, 1983. The prison houses the male death row, while female death row inmates reside in Arrendale State Prison.
Capital punishment was abolished in Colorado in 2020. It was legal from 1974 until 2020 prior to it being abolished in all future cases.
The Double Jeopardy Clause of the Fifth Amendment to the United States Constitution provides: "[N]or shall any person be subject for the same offence to be twice put in jeopardy of life or limb..." The four essential protections included are prohibitions against, for the same offense:
In the United States, the law for murder varies by jurisdiction. In many US jurisdictions there is a hierarchy of acts, known collectively as homicide, of which first-degree murder and felony murder are the most serious, followed by second-degree murder and, in a few states, third-degree murder, which in other states is divided into voluntary manslaughter, and involuntary manslaughter such as reckless homicide and negligent homicide, which are the least serious, and ending finally in justifiable homicide, which is not a crime. However, because there are at least 52 relevant jurisdictions, each with its own criminal code, this is a considerable simplification.
The FEAR militia was an American terrorist group of between four and eleven individuals that the State of Georgia alleged in 2012 to have planned to destroy a dam and poison apple orchards in Washington State, set off explosives in Forsyth Park in Savannah, Georgia, and assassinate President Barack Obama. Four of the individuals charged were soldiers stationed at Fort Stewart, Georgia. The group killed two people in an attempt to prevent them from revealing their plans to the public. The group used the Army to recruit militia members, who wore distinctive tattoos that resemble an alpha and omega symbol.
Kelly Renée Gissendaner was an American woman who was executed by the U.S. state of Georgia. Gissendaner had been convicted of orchestrating the murder of her husband, Douglas Gissendaner. At the time of the murder, Gissendaner was 28, and her husband was 30. After her conviction, and until her execution, Gissendaner was the only woman on death row in Georgia.
Cooper Harris was a 22-month-old toddler who died of hyperthermia on June 18, 2014, in Vinings, Georgia. His father, Justin Ross Harris ("Ross"), had left him strapped in the rear-facing car seat of his SUV, where the toddler remained for approximately seven hours. Ross was arrested and charged with his son's death, which he called a tragic accident. After a jury trial that garnered national media attention, he was found guilty of malice murder and felony murder, among other charges, on November 14, 2016. He was sentenced to life in prison without the possibility of parole plus 32 years. In 2021, the Harris case was the subject of a documentary, Fatal Distraction.
S. Lee Merritt is an American civil rights lawyer and activist, most known for his work on racial justice issues.
On February 23, 2020, Ahmaud Arbery, a 25-year-old Black man, was murdered during a racially motivated hate crime while jogging in Satilla Shores, a neighborhood near Brunswick in Glynn County, Georgia. Three white men, who later claimed to police that they assumed he was a burglar, pursued Arbery in their trucks for several minutes, using the vehicles to block his path as he tried to run away. Two of the men, Travis McMichael and his father, Gregory McMichael, were armed in one vehicle. Their neighbor, William "Roddie" Bryan, was in another vehicle. After overtaking Arbery, Travis exited his truck, pointing his weapon at Arbery. Arbery approached Travis and a physical altercation ensued, resulting in Travis fatally shooting Arbery. Bryan recorded this confrontation and Arbery's murder on his cell phone.
On August 7, 2020, Julian Edward Roosevelt Lewis, an unarmed 60-year-old American carpenter, was fatally shot by Georgia State Patrol officer Jacob Gordon Thompson, on a rural road in Screven County, Georgia. Thompson attempted to stop Lewis for driving a vehicle with a broken tail light. When Lewis failed to stop, Thompson performed a PIT maneuver to force Lewis's car into a ditch and shot Lewis once in the face. On August 14, Thompson was charged with felony murder.
Linda Jeanne Dunikoski is an American lawyer and prosecutor who serves as a senior assistant district attorney in Cobb County, Georgia. She was a prosecutor of the Atlanta Public Schools cheating scandal in 2014–2015 and the murder of Ahmaud Arbery in 2021.
Murder in Georgia law constitutes the killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Georgia.