Murder in Pennsylvania law

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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.

Contents

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

Felony murder rule

Pennsylvania was the first state to differentiate the crime of "murder" into degrees based upon the culpability of the perpetrator. [2] The most significant departure was the division of murder into degrees, a change initiated by the Pennsylvania legislation of 1794."). Dressler goes onto explain that "[o]ther states followed the Pennsylvania practice until at one time the vast majority of American jurisdictions differentiated degrees of murder and the term 'first-degree murder' passed into common parlance."

Up until the 1960s, the common law definition of 'murder' was intentional homicide with malice aforethought; i.e. it was codified without respect to distinct elements as it is today. First degree murder in this epoch of criminal law, and in Pennsylvania at the time the statute of 1794 was ratified, was reserved for intentional homicide whereby the conduct was 'willful', 'deliberate', or 'premeditated'. The interesting point to note is that the assignment of either a first degree or second degree charge was not mandated by the common law (or the statute); that is, the decision to try a defendant for intentional homicide, in either the first or second degree was left solely in the hands of the jury. Later, in the 20th century, this became problematic in cases involving capital punishment. Because the assignment of first (or second) degree murder to a given defendant was, in a sense, randomly chosen by the jury rather than adhered to by a strict set of codes or defined elements of a crime, the argument, asserting that the levying of a capital punishment in the absence of given set of procedures fundamentally conflicted with the notions embodied by due process, gained prominence, and the constitutional legitimacy of capital punishment for certain offenses or offenders was challenged in subsequent Supreme Court cases.

In the Commonwealth of Pennsylvania, common law felony murder was codified as "Murder of the Second Degree." [3] The statute provides that "[c]riminal homicide constitutes murder of the second degree when it is committed while defendant was engaged as a principal or an accomplice in the perpetration of a felony." [3]

The Pennsylvania formulation narrows the doctrine. Indeed, "Perpetration of a Felony" is statutorily defined as

The act of the defendant in engaging in or being an accomplice in the commission of, or an attempt to commit, or flight after committing, or attempting to commit robbery, rape, or deviate sexual intercourse by force or threat of force, arson, burglary or kidnapping. [4]

A killing caused during the perpetration of a felony that is not otherwise listed in § 2502(d), i.e. aggravated assault, would be charged as Murder of the Third Degree or as a less culpable homicide provision, e.g. 18 Pa.C.S.A. § 2503 (Manslaughter).

Penalties

OffenseMandatory sentence
Involuntary manslaughter Up to 5 years in prison
Voluntary manslaughter Up to 20 years in prison
Third-degree murder5 to 40 years in prison
Second-degree murderLife-without-parole
First-degree murder Death ( de jure ) [lower-alpha 1] or life imprisonment without the possibility of parole

See also

Notes

  1. ↑ Governor Josh Shapiro has set a moratorium on the death penalty.

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, 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".

Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th century BC.

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.

<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.

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.

Capital punishment is a legal punishment in Pennsylvania.

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

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 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 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. ↑ See, e.g. Joshua Dressler, Criminal Law: Cases and Materials 231-32 (4th ed. 2007) ("Prior to the recodification effort begun by the Model Penal Code, most American jurisdictions maintained a law of murder built around . . . common law classifications.
  3. 1 2 See 18 Pa.C.S.A. § 2502(b). An official version of the Pennsylvania Statutes is available here. Unofficial versions are available online here Archived 2012-12-15 at the Wayback Machine .
  4. ↑ 18 Pa.C.S.A. § 2502(d).
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