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Leslie Bruce
MLA Format
Murder
Definition
Murder is a crime in which someone unlawfully kills another person. Murder is considered
unjustifiable in a moral and ethical standpoint because the offender is depriving someone of their
a life in the line of duty (Barkan and Bryjak 42). Homicide can be divided into two subcategories:
murder and manslaughter. The intent or state of mind determines whether the act of homicide is
murder or manslaughter.
Table of Contents
Definition
Etymology
Degrees of Murder
- 1st Degree
- 2nd Degree
- Voluntary Manslaughter
- Involuntary Manslaughter
- Felony Murder
Elements of a Crime
- Criminal Intent
- Actus Reus
- Concurrence
- Causation
- Harm
Punishments
- Justification Defenses
- Excuse Defenses
Etymology
The word “murder” extends from Old English “morðor” meaning “secret Killing of a person”,
unlawful killing.” From Proto- Germanic times, “murthran” meaning “mortal son, crime;
Degrees of Murder
First degree murder is the most serious of all homicide charges and requires
premeditation and malice aforethought. First degree murder “requires either an intent to kill or
intent to cause serious injury together with an awareness of a serious risk of causing death”
(Mitchell 318). In this case, the offender makes a conscious choice to kill a person before
committing the crime. In states with capital punishment, first degree murder is carried with the
Second degree murder is not a premeditated killing and the offender may or may not have
intended to take the life of the victim (Mitchell 318). An example of this would be,
Voluntary manslaughter
intentional killing under circumstances that are at less fault which reduce the offender’s guilt
(Cole, Smith, & DeJong 52). At less fault can mean that the offender was driven to commit these
acts because of an emotional reaction to something. Though this is not an excuse but a motive for
killing.
Involuntary manslaughter
Involuntary manslaughter results from reckless behavior. The offender may not require
the intent to kill but the action that resulted in death was intentional. Some examples can be
texting and driving, using drugs, or even discharging a firearm. Many people are familiar with
Felony murder
Felony murder is a rule that extends the definition of murder. This rule applies when
someone commits or attempts to commit a felony, and a death results from the crime. Felonies
that are most notable are rape, robbery, or arson. Whether the death was accidental or intentional
doesn’t matter, the offender is liable. This rule doesn’t require an intent to kill or malice
Elements of a Crime
The elements of a crime are the criteria that proves if the person can be convicted of the
Criminal intent
Criminal intent, better known as mens rea or “guilty mind” means the person must have
intended to commit crime before it can be considered a crime (Cole et al. 95). The offender must
have been conscious of their actions and knew that their actions would harm someone.
Actus reus
Actus reus means “guilty act” in Latin. This is the idea that you commit to doing the act
and not just thinking about commiting the act (Barkan and Bryjak 161). Both actus reus and
mens rea are key elements when it comes to justifying a guilty verdict. From a principle stated by
Edward Coke, the terms actus reus and mens rea are used as “Actus non facit reum nisi mens sit
rea” which means: "an act does not make a person guilty unless their mind is also guilty” (1997).
Coke’s Institutes Part III was the first major study of English criminal law. It was believed that
Coke was influenced from the Church due to their importance of spiritual values and mental
state.
Concurrence
Concurrence refers to the criminal act and the criminal intent occurring around the same
time, mens rea before actus reus (Levin 1310). This is how most crimes occur but in some very
rare cases, the offender might be planning to kill someone one way and accidentally kill that
Causation
Causation is the criminal act causing the harm done to the victim. There must be a clear
relationship between the act and the harm suffered (Cole et al. 94).
Harm
Harm must be done to a legally protected value. “The harm can be to a person, property,
or some other object valuable enough to deserve protection through the government’s power to
punish” (Cole et al. 95). The question raised is whether or not suicide (or attempted) and
victimless crimes, such as prostitution or drug use, qualify because the participants are willing to
Punishments
Punishments, like degrees of murder, vary in each state. Typically, a convicted murder
suspect is given a life sentence or even the death penalty. In California, degrees of murder are
second). Lastly, 25 years to life if the offender murdered a law enforcement officer. California
has a wide variety of punishments for murder while other states have a more simplified system of
Self- Defense, the act of protecting yourself when you believe you are in danger or will
experience harm from another person. The person in danger is entitled to defend
themselves with the same amount of force that is being threatened against them.
Necessity can be used when someone breaks the law to protect themselves or prevent
more harm.
Duress, also known as Coercion, focuses on making it seem that the offender was led by
another person to commit the act. “Generally, courts are not willing to accept this defense
if person does not try to escape from the situation if an opportunity arises” (Cole et al. 98)
Infancy can be debated by different jurisdictions. “Common law states that children aged
7-14 are not liable for their actions” (Cole et al. 99). It is believed that children lack
Mistake of Fact may serve as a defense if someone lacks the knowledge and made a
mistake on a crucial fact. If jurors understand and sympathize with your mistake, this
Insanity has many tests to determine whether the offender has the mental capacity to
commit the crime. It is believed that this defense is an “escape” from doing time for their
actions. Even if this is successful, they do not go free but must be secured in mental
facilities. “Less that 1% of criminal defendants are found not guilty by reason of
Barkan, Steven E., and George J. Bryjak. Myths and Realities of Crime and Justice. 2nd ed.,
Cole, George F., Smith, Christopher E., and DeJong, Christina. Criminal Justice in America. 9th
Saxton, Reed. “Lawyers Robert Shapiro, Left, and Johnnie Cochran with O.J. Simpson.”
dream-team-2016-6.
-executions-mean-californias-death-penalty-is-unconstitutional.