Murder (united states)
Murder ( English : murder ) is a criminal offense in the United States , which includes the most serious of all homicides .
Murder
Offense
Murder is defined as the killing of a person in deliberate malice ("malice aforethought"). The offense was not yet subdivided in common law . This is also how it is described in the Model Penal Code (§ 210.2). Today, however, it is - slightly differently - subdivided into a number of individual offenses in the penal laws of many federal states , which characterize different elements of the offense:
Forms of intent
Murderous malice is the form of intent in the area of homicides, which are summarized under murder . It is divided into seven categories, namely intention
- to kill the person who is also being killed,
- to kill one person, but another person dies,
- kill a person no matter who it hits
- hurting a person by the perpetrator doing something to them, which could also be an act of killing,
- to undertake an action that is suitable for killing someone without wanting to injure anyone,
- to use unlawful violence against the victim without their consent,
- Committing an act against a police officer that does not normally result in death in order to prevent the officer from arresting someone.
Forms of inspection
First Degree Murder
First degree murder (also: murder of the first degree, murder One ) is willful ( willful, deliberate or premeditated ) killing. This always includes poisoning and ambushing to kill someone. First degree murder also occurs if the act is committed in the course of committing another serious crime . All other ways of committing murder are automatically second degree murder . The offense is comparable to murder under German law .
- Willful Murder
Willful murder is willful and unlawful homicide without extenuating circumstances.
Second degree murder
Second degree murder (also: murder of the second degree, murder two , Totschlag) are all cases of murder that are not first degree murder or fall under one of the following special offenses.
Open Murder
Open murder is the form of the indictment if it is still unclear before the start of the process whether the offense of a first degree murder or a second degree murder is fulfilled. Here the jury has to determine which facts exist.
Third Degree Murder
Third degree murder (also: murder of the third degree, murder three ) only occurs in a few states in which the crime of murder is not divided into two, but three levels.
Depraved-Heart Murder
Depraved-Heart Murder (also: extreme-indifference murder, depraved-indifference murder, extreme-indifference murder, depraved-mind murder - "ruthless murder") is a killing that is so ruthlessly and recklessly committed that it results in complete indifference Shows offender towards the life of the victim.
Mass murder
Mass murder (also: serial murder , "Serienmord") is the killing of many victims at the same time or in the same period due to a single plan or the same decision to act.
Murder by torture
Murder by torture (murder by torture ) is a homicide in which the victim first be additionally added pain and suffering. In the legal systems of some states, the offense counts as first degree murder .
Felony Murder
Felony murder (also: constructive murder, unintended murder ) includes killing as a result of another crime, such as rape , robbery or arson .
literature
- Bryan A. Garner: Black's Law Dictionary . 10th edition St. Paul MN 2014, ISBN 978-0-314-61300-4
Remarks
Individual evidence
- ^ Garner: Black's Law Dictionary , p. 1176.
- ^ Garner: Black's Law Dictionary , p. 1101.
- ^ Garner: Black's Law Dictionary , p. 1176.
- ^ Garner: Black's Law Dictionary , p. 1177.
- ^ Garner: Black's Law Dictionary , p. 1177.
- ^ Garner: Black's Law Dictionary , p. 1264.
- ^ Garner: Black's Law Dictionary , p. 1177.
- ^ Garner: Black's Law Dictionary , p. 1176.
- ^ Garner: Black's Law Dictionary , p. 1176.
- ^ Garner: Black's Law Dictionary , pp. 1176f.
- ^ Garner: Black's Law Dictionary , p. 1177.
- ^ Garner: Black's Law Dictionary , p. 1176.
