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Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. 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, 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.
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, followed by voluntary manslaughter and involuntary manslaughter which are not as serious, followed by 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.
Responsibility for criminal law and criminal justice in the United States is shared between the states and the federal government.
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.
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 Alabama constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Alabama.
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 Arkansas 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 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 Michigan 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 New Hampshire constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of New Hampshire.
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 Texas constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Texas.
Murder in Wyoming constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Wyoming.
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.
References
- ↑ "National Center for Health Statistics: Homicide Mortality by State". Centers for Disease Control and Prevention. February 16, 2021. Retrieved September 24, 2021.
- 1 2 3 Francis, Traci Rose, "Availability Of The Felony-murder Rule Today: Equitable And Just Or Unfair And Excessive?" (2005). Electronic Theses and Dissertations, 2004-2019. 444. https://stars.library.ucf.edu/etd/444/.
- ↑ "2013 South Carolina Code of Laws :: Title 16 - Crimes and Offenses :: CHAPTER 3 - OFFENSES AGAINST THE PERSON :: SECTION 16-3-20. Punishment for murder; separate sentencing proceeding when death penalty sought". Justia Law. Retrieved February 26, 2021.
- ↑ Lowry v. State, 657 S.E.2d 760, 764 (S.C. 2008).
- ↑ Guyora Binder, Making the Best of Felony Murder, 91 B.U. L. REV. 403, 404 (2011).
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