Murder is a form of unlawful homicide in which one person kills another person deliberately and with malice. Malice is the intent to commit an act that causes harm to another person without justification or excuse. A clear example of murder is a case in which one person kills another because of hatred, envy, or greed.
In some situations, killing is considered murder even though a person had no specific intent to kill. For example, a person who kills someone while carrying out a felony, such as robbery, commits felony murder. In this case, the crime is considered murder because the offender acted with reckless disregard for human life and safety.
In most of the United States, murder is divided into two degrees, first and second, based mainly on whether the killing or serious crime resulting in death was premeditated—that is, planned in advance. First degree murder includes either premeditation or extreme disregard for human life. Second degree murder includes all other killings with malicious intent. In some states, third degree murder indicates a killing with an intent to harm but not to kill.
The punishment for murder is severe. Centuries ago, all homicides were punishable by death. In the late 1700’s, the Quakers of Pennsylvania, wishing to lessen the harshness of the criminal code, established degrees of murder to spare certain offenders from the death penalty. Other states soon followed suit in an effort to make the punishment better fit the crime.
In many states and countries, first degree murder is still a capital offense—that is, punishable by death. However, a jury may recommend a life sentence without the possibility of parole if there are mitigating circumstances such as extreme emotional duress or mental illness. Lesser degrees of murder are punished by lengthy or life sentences in prison.
