Murder in Minnesota law

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

Contents

The United States Centers for Disease Control and Prevention reported that in the year 2021, the state had a murder rate somewhat below the median for the entire country. [1]

Definitions

First-degree murder

Minnesota law specifies five levels of homicide in total, with first-degree murder being the most serious form of homicide. First-degree murder constitutes the killing of an individual under one of the following circumstances. [2] [3]

The factors in bold are factors that warrant a sentence of life imprisonment without parole. [4] Without one of the circumstances in bold, the standard sentence for first-degree murder is life-with-parole after 30 years. [5] The only exception for life-without-parole sentences are for first-degree murders where the perpetrator was under the age of 18, as Minnesota abolished juvenile life-without-parole sentences in May 2023. [6]

Second-degree murder

Second-degree murder in Minnesota is split into two types: intentional and unintentional. Intentional second-degree murder constitutes the intentional murder of a person without premeditation. Unintentional second-degree murder is defined as a murder in which the prosecution is not required to prove intent, [lower-alpha 1] but only that the defendant committed a felony causing another person's death. [7] Unintentional second-degree murder is Minnesota's felony murder rule; unlike most other states that have the felony murder rule, Minnesota punishes felony murder as second-degree murder rather than first-degree. Minnesota's rule is unique in the sense that it does not require an independent felony from the elements of murder, so a felony such as assault causing someone's death can result in a defendant being charged with second-degree murder.

The maximum sentence for second-degree murder is 40 years in prison, and the recommended sentencing guidelines suggest 12+1⁄2 years for a first-time offender. There is no mandatory minimum, so hypothetically someone could serve no prison time for second-degree murder. [8]

Derek Chauvin, a white police officer who murdered George Floyd, an unarmed black man, was convicted of second-degree murder under the state's felony murder rule in a highly publicized trial in 2021, with the underlying felony being assault. Chauvin received a sentence of 22+1⁄2 years in prison. [9]

Third-degree murder

Third-degree murder in Minnesota is defined as when a perpetrator engages in an act eminently dangerous to others and evincing a depraved mind, without regard for human life, or engaging in a drug deal resulting in someone's death. The recommended sentencing guidelines for third-degree murder is 10 to 15 years in prison for a first-time offender, and the maximum is 25 years in prison. [3] There is no minimum, so a defendant could hypothetically serve no prison time. [8]

Penalties

The sentences for homicide offenses in Minnesota are listed below.

OffenseMandatory sentence
Second-degree manslaughterUp to 10 years in prison
First-degree manslaughter Up to 15 years in prison
Third-degree murderUp to 25 years in prison
Second-degree murderUp to 40 years in prison
First-degree murder For adults:
Life imprisonment with the possibility of parole after 30 years, or life-without-parole

For juveniles:
Life-with-parole after 15 years

Notes

  1. ↑ This does not mean there is no possibility that intent was present, just that it is not a burden for the prosecution to prove.

Related Research Articles

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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 Ohio law constitutes the unlawful killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Ohio.

Manslaughter is a crime in the United States. Definitions can vary among jurisdictions, but manslaughter is invariably the act of causing the death of another person in a manner less culpable than murder. Three types of unlawful killings constitute manslaughter. First, there is voluntary manslaughter which is an intentional homicide committed in "sudden heat of passion" as the result of adequate provocation. Second, there is the form of involuntary manslaughter which is an unintentional homicide that was committed in a criminally negligent manner. Finally, there is the form of involuntary manslaughter which is an unintentional homicide that occurred during the commission or attempted commission of an unlawful act which does not amount to a felony.

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

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

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

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

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.

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

Murder in New York law constitutes the unlawful killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of New York. Because the criminal law of the state also governs the City of New York, there is not a separate law applicable to murders committed in the city.

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

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

References

  1. ↑ "National Center for Health Statistics: Homicide Mortality by State". Centers for Disease Control and Prevention. February 16, 2021. Retrieved March 15, 2023.
  2. ↑ "Sec. 609.185 MN Statutes". www.revisor.mn.gov. Retrieved May 31, 2023.
  3. 1 2 "Minnesota First-Degree Murder". Findlaw. Retrieved May 31, 2023.
  4. ↑ "Sec. 609.106 MN Statutes". www.revisor.mn.gov. Retrieved May 31, 2023.
  5. ↑ "Sec. 244.05 MN Statutes". www.revisor.mn.gov. Retrieved May 31, 2023.
  6. ↑ Urell, Aaryn (May 19, 2023). "Minnesota Abolishes Juvenile Life-Without-Parole Sentences". Equal Justice Initiative. Retrieved May 31, 2023.
  7. ↑ "Sec. 609.19 MN Statutes". www.revisor.mn.gov. Retrieved May 31, 2023.
  8. 1 2 "What's next for sentencing of Derek Chauvin, and what the maximum penalty could be". April 20, 2021. Retrieved May 31, 2023.
  9. ↑ Arango, Tim (June 25, 2021). "Derek Chauvin is sentenced to 22 and a half years for murder of George Floyd". The New York Times. ISSN   0362-4331 . Retrieved May 31, 2023.
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