murder

The unlawfuj killing of a human being by another with malice aforethought, either express or implied. Com. v. Carroll, 194 A.2d 911, 914.

The crime is defined by statute in most states (e.g. Calif. Penal Code, No. 187).

The Model Penal Code definition is as follows: Criminal homicide constitutes murder when:

(a) it is committed purposely or knowingly; or

(b) it is committed recklessly under circumstances manifesting extreme indifference to the value of human life. Such recklessness and indifference are presumed if the actor is engaged or is 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, kidnapping or felonious escape. Model Penal Code, No. 210.2.

See also assassination; assault with intent to commit murder; felony murder doctrine; homicide; manslaughter.

Degrees of murder.

In most states murder is divided into two degrees, for the purpose of imposing a more severe penalty for some murders than for others. All murder which shall be perpetrated by means of poison, or by lying in wait, or by any other kind of wilful, deliberate and premeditated killing, or which shall be committed in the perpetration of, or attempt to perpetrate any arson, rape, robbery or burglary, are commonly deemed murder of the first degree; and all other kinds of murder are deemed murder of the second degree. This general pattern has been followed in most of the states although slight changes have been made in a few of these. Some, for example, have omitted any reference to "poison", while a few have added "torture" to "poison". To the felony-murder clause of the statute several have added "mayhem" and sometimes the inclusion of some other felony may be found, such as kidnapping, sodomy or larceny. In certain states there is also the crime of murder in the third degree. For the definition of first and second degree murder under the federal criminal code, see 18 U.S.C.A. No. 1111.

@ depraved heart murder

Killing of a human being accomplished by extreme atrocity; malice is inferred from the act of atrocity. Extremely negligent conduct, which creates what a reasonable man would realize to be not only an unjustifiable but also a very high degree of risk of death or serious bodily injury to another or to others-though unaccompanied by any intent to kill or do serious bodily injury-and which actually causes the death of another, may constitute murder.

@ serial murder

A pattern of murder in which a single individual selects victims either at random or because they share some characteristic

@