Also known as: murders · murdered · murdering
Written by attorneys — see sources below.
The unlawful killing of another human being committed with malice aforethought. Malice aforethought exists when the defendant acts with intent to kill, intent to inflict great bodily injury, extreme recklessness demonstrating a depraved heart, or intent to commit a felony under the felony-murder rule.
Mina Mehta argued with Mohan Malhotra for an hour over a business contract. Mohan called Mina several insulting names. Mina then stabbed Mohan in the chest with a letter opener. The words alone supplied no legally adequate provocation to reduce the killing to voluntary manslaughter.
Michelle Murphy drove her car at twice the posted speed limit through a residential neighborhood while texting. She struck and killed Michael Miller who was crossing the street. The death resulted from criminal negligence rather than an intent to kill or a qualifying felony.
Melissa Mills and Mariam Mansour argued over a shared workspace. Melissa pulled a knife and stabbed Mariam in the neck, causing her death. The deliberate use of a deadly weapon on a vital body part supplied the malice aforethought required for murder.
Mohan Malhotra discovered his spouse with another person and left the scene. Several hours later he returned with a weapon and killed the other person. The passage of time allowed a reasonable person to cool, so the killing remained murder rather than voluntary manslaughter.
Mina Mehta saw Michael Miller reach into a bag during an argument. She honestly but unreasonably believed he was drawing a weapon and shot him. In a jurisdiction recognizing imperfect self-defense, the honest though unreasonable belief mitigated the offense to voluntary manslaughter.
Michelle Murphy committed a misdemeanor assault on Mariam Mansour by pushing her during an argument. Mariam fell, struck her head, and died. Because the underlying offense was not a felony qualifying for felony murder, the death supported liability for involuntary manslaughter under the unlawful-act theory.
Malice aforethought exists when the defendant acts with intent to kill, intent to inflict great bodily injury, extreme recklessness showing a depraved heart, or intent to commit a qualifying felony. The prosecution must prove one of these states beyond a reasonable doubt. A deadly weapon directed at a vital body part permits an inference of intent to kill.
Supporting sources
…a frequently cited passage, Coke took the position that abortion of a woman "quick with childe" is "a great misprision, and no murder." Blackstone followed, saying that while abortion after quickening had once been considered manslaughter (though not murder), "modern law" took a less severe view. A…
…The most recent conspicuous example occurred in New York, in 1964, when a Negro of limited intelligence confessed to two brutal murders and a rape which he had not committed. When this was discovered, the prosecutor was reported as saying: "Call it what you want—brain-washing, hypnosis, fright. They made him give an untrue…
…. . [which] recognize the fundamental principles that are deemed essential for the protection of life and liberty." In Davis a murder conviction was reversed because the trial judge instructed the jury that it was their duty to convict when the evidence was equally balanced regarding the sanity of the accused. This Court…
…in other contexts. See, e. g. , Winston v. Lee , 470 U. S. 753 (1985) (invalidating surgical removal of bullet from murder suspect); Rochin v. California , 342 U. S. 165 (1952) (invalidating stomach pumping). Further, when the State restricts a woman's right to terminate her pregnancy, it deprives a woman…
…In Enmund v. Florida , 458 U. S. 782 (1982), the Court held that the death penalty is disproportionate for the crime of felony murder where the defendant neither took life, attempted to take life, nor intended to take life. And in Eberheart v. Georgia , 433 U. S. 917 (1977), the Court held that the death penalty is…
Adequate provocation requires that the provocation would arouse sudden intense passion in an ordinary person, that the defendant was actually provoked, that no reasonable cooling-off period elapsed, and that the defendant did not in fact cool off. Mere words, trivial battery, and long-past wrongs are legally inadequate. Discovery of a spouse in the act of adultery or a serious battery on the defendant or a close relative can qualify.
Supporting sources
Involuntary manslaughter is an unintentional killing resulting from criminal negligence or from an unlawful act that is not a felony or does not fall under the felony-murder rule. Murder requires malice aforethought. Conduct creating a high risk of death supports murder when it shows extreme recklessness, but lesser negligence supports only manslaughter.
Supporting sources
In some jurisdictions an honest but unreasonable belief that deadly force is necessary in self-defense mitigates murder to voluntary manslaughter under the doctrine of imperfect self-defense. The belief must be genuine even though objectively unreasonable. The doctrine does not apply when the belief is fabricated or when other elements of murder are clearly established.
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