Murder in Mississippi law

Last updated

In the law of the U.S. state of Mississippi, murder constitutes the intentional killing, under circumstances defined by law. The United States Centers for Disease Control and Prevention reported that in the year 2020, the state had the highest murder rate in the country, just ahead of Louisiana. [1]

Contents

Classifications

Murder in Mississippi encompasses the premeditated killing of a person or an unborn child, as well as killing "in the commission of an act eminently dangerous to others and evincing a depraved heart, regardless of human life". [2]

A murder is elevated to the level of capital murder based on certain circumstances of the perpetrator, victim, location, or means by which it is committed, including: [2] [3]

  1. It was committed by a person under sentence of imprisonment.
  2. The defendant was previously convicted of another capital offense or of a felony involving the use or threat of violence to the person.
  3. The defendant knowingly created a great risk of death to many persons.
  4. It was committed while the defendant was engaged, or was an accomplice, in the commission of, or an attempt to commit, or flight after committing or attempting to commit, any robbery, rape, arson, burglary, kidnapping, aircraft piracy, sexual battery, unnatural intercourse with any child under the age of 12, or nonconsensual unnatural intercourse with mankind, or felonious abuse or battery of a child, or the unlawful use or detonation of a bomb or explosive device.
  5. It was committed for the purpose of avoiding or preventing a lawful arrest or effecting an escape from custody.
  6. It was committed for pecuniary gain.
  7. It was committed to disrupt or hinder the lawful exercise of any governmental function or the enforcement of laws.
  8. It was committed to influence the policy of a governmental entity by intimidation or coercion, or to affect the conduct of a governmental entity by mass destruction or assassination.
  9. It was especially heinous, atrocious or cruel.
  10. It was committed to intimidate or coerce a civilian population.

Penalties

OffenseMandatory sentencing
Manslaughter Up to 20 years in prison
Child homicide Up to 30 years in prison
Second-degree murder20 to 40 years in prison, or life-with-parole
First-degree murder Life-with-parole
Capital murder Death, life imprisonment without the possibility of parole or life-with-parole (only if jury fails to impose death or life without parole)

See also

Related Research Articles

<span class="mw-page-title-main">Murder</span> Unlawful killing of a human with malice aforethought

Murder is the unlawful killing of another human without justification or valid excuse committed with the necessary intention as defined by the law in a specific jurisdiction. This state of mind may, depending upon the jurisdiction, distinguish murder from other forms of unlawful homicide, such as manslaughter. Manslaughter is killing committed in the absence of malice, such as in the case of voluntary manslaughter brought about by reasonable provocation, or diminished capacity. Involuntary manslaughter, where it is recognized, is a killing that lacks all but the most attenuated guilty intent, recklessness.

<span class="mw-page-title-main">Homicide</span> Killing of a human by another human

Homicide is an act in which a person causes the death of another person.

The concept of justifiable homicide in criminal law is a defense to culpable homicide. Generally, there is a burden to produce exculpatory evidence in the legal defense of justification.

Rape is a type of sexual assault initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, under threat or manipulation, by impersonation, or with a person who is incapable of giving valid consent.

<span class="mw-page-title-main">Ages of consent in the United States</span> U.S. law on age of consent to sexual activity

In the United States, each state and territory sets the age of consent either by statute or the common law applies, and there are several federal statutes related to protecting minors from sexual predators. Depending on the jurisdiction, the legal age of consent is between 16 and 18. In some places, civil and criminal laws within the same state conflict with each other.

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.

<span class="mw-page-title-main">Capital punishment in Mississippi</span> Overview of the use of capital punishment in the U.S. state of Mississippi

Capital punishment is a legal penalty in the U.S. state of Mississippi.

<span class="mw-page-title-main">Criminal law of the United States</span>

Criminal law is a system of laws that is connected with crimes and punishments of an individual who commits crimes. In comparison, civil law is where the case argues their issues with one entity to another entity with support of the law. Crimes can vary in definition by jurisdiction but the basis for a crime are fairly consistent regardless.

Murder in Pennsylvania law 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.

Capital punishment is a legal penalty in the U.S. state of Montana.

Capital punishment in Delaware was abolished after being declared unconstitutional by the Delaware Supreme Court on August 2, 2016. The ruling retroactively applies to earlier death sentences, and remaining Delaware death row inmates had their sentences commuted to life imprisonment. Despite this, the capital statute for first-degree murder under Title 11, Chapter 42, Section 09, of the Delaware Code has yet to be repealed, though it is unenforceable.

Capital punishment is a legal punishment in Tennessee.

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

<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 Idaho law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Idaho.

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 Minnesota law 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. 1 2 "Miss. Code § 97-3-19". April 21, 2023.
  3. "Mississippi Code § 99-19-101". April 21, 2023.