Definition and Legal Understanding of Murder
Murder refers to the unjustifiable killing of another human in cold blood, but it does not mean they acted out of hate or spite. Malice aforethought in many states exists when the killer exhibits reckless and extreme disregard for life or knowingly causes serious bodily harm that leads to the death of an individual. In addition, their state of mind can differentiate murder from other types of homicide, like manslaughter. However, the statute defines murder in the current society instead of the common law.
Degrees of Murder in Modern Law
The law distinguishes between first-degree and second-degree murder by acknowledging that some killers are more morally responsible and dangerous than others, even with malice aforethought. Other states, like Florida, have defined that third-degree murder exists, but it does not differ much from second-degree murder, as the cause can include depraved heart and felony murder (Kamaluddin et al., 2021). The circumstances that cause deliberate killing, murder of the first degree, differ depending on the state, but some are common.
Circumstances Defining First-Degree Murder
One circumstance that defines first-degree murder is premeditated and intentional killing. The killer has had time to reflect and eventually decides to kill (Lippman, 2021). For instance, a husband may go to a shop, buy rat poison, and put it in his wife’s tea. The second circumstance is when the killing happens amid a felony.
Felony Murder and Its Legal Implications
When death ensues during a felony, an individual can be found guilty of felony murder even if they do not kill (Lippman, 2021). Most states prefer death to be the probable outcome of the felony. For instance, James starts a fire in an apartment, and a firefighter perishes while putting it out. James will be convicted of felony murder since the death likely resulted from a serious crime.
Another circumstance is when the murder is committed using explosive devices (Berman, 2023). Most states define murder caused by explosives or other destructive devices as first-degree murder.
Punishments for Different Degrees of Murder
The punishment for murder in most states is mandatory sentencing. First-degree murderers have a higher minimum sentence than second-degree murderers (Kamaluddin et al., 2021). Individuals found guilty of first-degree murder can have a maximum punishment of life imprisonment without parole. A death sentence is also an option for those guilty of first-degree murder. Second-degree murder convictions result in sentences of years, with the chance of release, rather than life in prison.
Personal Worldview on the Causes of Murder
My worldview on murder is that it is an outcome of certain strains, such as negative emotions, failure to obtain objectives, and exhibition of negative provocations, which drive people to use violence, especially murder, to release their frustration. Human beings are subject to rage, jealousy, desperation, anger, fear, and loss of control, which lead to using violence as a survival approach (Larkin & Canaparo, 2020). To this end, a person who murders does it for no particular reason other than the emotional anguish that has overtaken them and made them want to kill to feel alive again.
Legal and Emotional Dimensions of Murder
Finally, murder is an intentional killing that is premeditated and legally unjustified. The law differentiates first-degree murder from second-degree murder. Most states have specific circumstances that differentiate the two types of murders: malice aforethought killing, felony murder, and killing using explosives. Most states also provide harsh punishment for murder, such as maximum sentencing and the death penalty.
References
Berman, S. J. (2023). What is murder? Is murder different from homicide?. Web.
Kamaluddin, M. R., Mahat, N. A., Mat Saat, G. A., Othman, A., Anthony, I. L., Kumar, S., & Ibrahim, F. (2021). The psychology of murder concealment acts. International Journal of Environmental Research and Public Health, 18(6), 3113. Web.
Larkin Jr, P. J., & Canaparo, G. (2020). Are criminals bad or mad: Premeditated murder, mental illness, and Kahler v. Kansas. Harvard Journal of Law & Public Policy, Forthcoming. Web.
Lippman, M. (2021). Contemporary criminal law:Concepts, cases, and controversies (6th ed.). Sage Publications.