Murder in Kentucky law

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Murder in Kentucky constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Kentucky.

Contents

The United States Centers for Disease Control and Prevention reported that in the year 2020, the state had a murder rate well above the median for the entire country. [1]

Felony murder rule

In the state of Kentucky, the common law felony murder rule has been completely abolished. [2]

KRS § 507.020

The Kentucky General Assembly abolished the felony murder rule with the enactment of Kentucky Revised Statutes § 507.020. Recognizing that an automatic application of the rule could result in conviction of murder without a culpable mindset, the Kentucky Legislature instead allowed the circumstances of a case, like the commission of a felony, to be considered separately. The facts each case would be used to show the mental state of the defendant instead of using an automatic rule. [3]

Penalties

OffenseMandatory sentencing
Murder
First-degree manslaughter 10 to 20 years in prison
Second-degree manslaughter 5 to 10 years in prison
Reckless homicide 1 to 5 years in prison

Notes

  1. Capital punishment in Kentucky has been indefinitely suspended by court order since 2009. [4]

Related Research Articles

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.

Most jurisdictions in the United States of America maintain the felony murder rule. In essence, the felony murder rule states that when an offender kills 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. It means that the common law malice required for murder is "implied as a matter of law for homicides arising from felonies." It is a widely criticized feature of American criminal law. Initially, it was widely believed by scholars that the felony murder rule had originated in England. However, more recent scholarship has argued that it likely originated in America separately from England. Its historic roots have been called "deep but terribly obscure".

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.

Murder in Alaska constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Alaska.

Murder in Pennsylvania constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Pennsylvania.

Capital punishment is a legal penalty in the U.S. state of Georgia. Georgia reintroduced the death penalty in 1973 after Furman v. Georgia ruled all states' death penalty statutes unconstitutional. The first execution to take place afterwards occurred in 1983.

Murder in Arizona constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Arizona.

Murder in Colorado constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Colorado.

Murder in Florida constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Florida.

Murder in Hawaii constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Hawaii.

Murder in Oregon constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Oregon.

Murder in South Carolina constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of South Carolina.

Murder in Wisconsin constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Wisconsin.

<span class="mw-page-title-main">Murder in California law</span>

The law on the crime of murder in the U.S. state of California is defined by sections 187 through 191 of the California Penal Code.

Murder in Delaware constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Delaware.

Murder in Connecticut constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Connecticut.

Murder in Georgia constitutes the killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Georgia.

Murder in Illinois constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Illinois.

Murder in Indiana constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Illinois.

Murder in Minnesota constitutes the killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Minnesota.

References

  1. "National Center for Health Statistics: Homicide Mortality by State". Centers for Disease Control and Prevention. February 16, 2021. Retrieved September 24, 2021.
  2. Bonnie, Richard J; Coughlin, Anne M; Jeffries Jr, John C; Low, Peter W (2004). Criminal Law (Second ed.). Foundation Press, New York, NY. p. 860. ISBN   1587787202.
  3. "Kentucky Revised Statutes § 507.020 Murder" (PDF). Kentucky General Assembly.
  4. "Kentucky Judge Rules Against Lethal Injection Protocol and Halts Execution". Death Penalty Information Center. Death Penalty Information Center. Retrieved July 11, 2016.