Murder (Degrees)
Rule
Murder is the unlawful killing of another human being with malice aforethought. At common law and under most statutes, murder is divided into degrees based on the mental state and circumstances of the killing. First-degree murder is the most serious; second-degree murder covers other intentional and reckless killings.
Elements
First-Degree Murder (CL):
- Killing of a human being
- With malice aforethought expressed as:
- Premeditation — actual prior thought or consideration of the killing (jurisdictional split on how much time required)
- Deliberation — calm, reflective endorsement of the decision to kill
- Some jurisdictions add: killing by torture, lying in wait, poison, or enumerated special circumstances
Second-Degree Murder (CL):
- Killing of a human being
- With express malice (intentional killing without premeditation/deliberation), OR
- With implied malice — recklessness so extreme as to evince an abandoned and malignant heart
MPC § 210.2:
- Murder is committed purposely, knowingly, or with extreme recklessness (recklessness manifesting extreme indifference to the value of human life)
- MPC does not use first/second degree distinction in the same way; relies on sentencing discretion
MPC vs Common Law
- CL requires premeditation and deliberation for first-degree; MPC focuses on purpose/knowledge and extreme recklessness
- CL split on how much time premeditation requires: Carroll (instantaneous premeditation sufficient) vs. Guthrie (some time lag required; momentary deliberation is not enough)
- MPC § 210.2(1)(b) creates a rebuttable presumption of extreme indifference murder when killing occurs during robbery, rape, arson, burglary, kidnapping, or felonious escape (functional equivalent of felony murder)
- MPC does not require deliberation as a separate element from purpose
Exceptions / Defenses
- Provocation/extreme emotional disturbance can reduce first or second degree murder to voluntary manslaughter
- Imperfect self-defense (unreasonable but sincere belief in necessity) can downgrade murder to manslaughter in some jurisdictions
- Felony murder can upgrade unintentional killings to second (or first) degree murder
- Mental illness may negate premeditation/deliberation or support insanity defense
Policy
- Degree structure reflects principle of fair labeling — labels communicate relative blameworthiness
- Premeditation/deliberation shows greater control and conscious choice, warranting greater punishment
- Even premeditated killing may not be the most culpable (e.g., mercy killing), illustrating limits of the act-based approach
- Scarlet letter effect of mislabeling has community deterrence consequences
Key Cases
- State v. Guthrie — premeditation requires some appreciable time for reflection; instantaneous premeditation collapses the distinction between first and second degree
- Commonwealth v. Carroll — premeditation can occur instantaneously before the act; jury decides whether sufficient time existed
- Taylor v. State — implied intent to commit homicide can be inferred from actions and circumstances, not just moral character
- People v. Knoller — implied malice requires defendant’s act result in death; extreme recklessness must evince depraved indifference to human life