Murder in All Its Forms

In: Other Topics

Submitted By devo99
Words 1650
Pages 7
Murder: And all its forms Throughout the criminal justice system, news, and in many other situations the term “murder” is used quite frequently however usually incorrectly. Some people say animals or even trees get murdered, but under the law it is not murder unless a human takes the life of another human. Homicide is a lawful term for any killing of a human being by another human being. Homicide itself is not automatically a crime, some homicides are legal, such as the justifiable killing of a suspect by the police or a killing in self-defense. Unlawful homicides are classified as crimes like murder and manslaughter. This paper will explain the important but often overlooked distinctions between murder and manslaughter, and the different variations of both crimes. When we look at “murder” we must also look at the different degrees of murder which are a reflection of the intent or severity of a certain murder charge. The most common degrees of murder are 1st degree murder and 2nd degree murder and in some cases what we call “capital murder”. Regardless of the label on the degree of the murder committed, the general idea is to increase the punishment with the degree. The more inhumane the killing is, or the motive associated behind the killing, then the greater the punishment and degree is for the murder. We must first understand what murder is: Murder is the killing of one human by another that is intentional, unlawful, and done with “malice aforethought” or in other words, premeditated. Malice aforethought is a key element in determining the degree of the murder committed. This state of mind during the act can provide evidence that the murderer had the intent to kill or inflict great bodily harm, or that there was an extremely reckless insignificance to the value of human life, or that there was an intent to commit a dangerous felony. Murder of the 1st degree…...

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