Murder (United States law)

In the United States, the law regarding murder varies by jurisdiction. In most U.S. jurisdictions there is a hierarchy of acts, known collectively as homicide, of which first degree murder and felony murder are the most serious, followed by second degree murder, followed by voluntary manslaughter and involuntary manslaughter which are less serious, and ending finally in justifiable homicide, which is not a crime at all. However, because there are at least 52 relevant jurisdictions, each with its own criminal code, this is a considerable simplification.[1]

Sentencing also varies very widely depending upon the specific murder charge. "Life imprisonment" is a common penalty for first and second degree murder, but its meaning varies widely.[2]

Capital punishment is a legal sentence in 32 states,[3] and also the federal civilian and military legal systems. The United States is unusual in actually performing executions,[4] with 34 states having performed executions since capital punishment was reinstated in 1976. The methods of execution have varied but the most common method since 1976 has been lethal injection.[5] In 2014 a total of 35 people were executed,[6] and 3,002 were on death row.[7]

The Unborn Victims of Violence Act, enacted in 2004, codified at 18 U.S. Code § 1841,[8] allows for a fetus to be treated as a victim in crimes. Subsection (c) of that statute specifically prohibits prosecutions related to consented abortions and medical treatments.[8]

Jurisdiction

If murder is committed within the borders of a state, that state has jurisdiction, and in a similar way, if the crime is committed in the District of Columbia, the D.C. Superior Court (the equivalent of a state court in the District) retains jurisdiction, though in some cases involving U.S. government property or personnel, the federal courts may have exclusive jurisdiction.[9]

If, however, the victim is a federal official, an ambassador, consul or other foreign official under the protection of the United States, or if the crime took place on federal property or involved crossing state borders, or in a manner that substantially affects interstate commerce or national security, then the federal government also has jurisdiction. If a crime is not committed within any state, then federal jurisdiction is exclusive, for example vessels of the U.S. Navy or the U.S. Merchant Marine in international waters and U.S. military bases worldwide.

In addition, murder by a member of the United States Armed Forces or a prisoner while under custody of the United States Armed Forces is in violation of Article 118 of the Uniform Code of Military Justice and can result in the perpetrator being tried by a general court-martial, subjecting to certain types of jurisdictions within its own borders or with foreign nations.

Jurisdiction over the crime of murder can be complex as a result of the principle of "dual sovereignty" that is part of federalism. In cases where a murder involves both state and federal jurisdiction, the offender can be tried and punished separately for each crime without raising issues of double jeopardy, unless the court believes that the new prosecution is merely a "sham" forwarded by the prior prosecutor.[10] In the United States there is no statute of limitations on the crime of murder.[11]

Degrees

Table: degrees of murder in U.S. states and territories
Jurisdiction First-degree murder Second-degree murder Third-degree murder Other named categories Source
Federal Yes Yes No No [12]
Alabama No No No Murder[lower-alpha 1] [13]
Alaska Yes[lower-alpha 2] Yes[lower-alpha 3] No No [14][15]
American Samoa Yes[lower-alpha 4] Yes[lower-alpha 5] No No [16]
Arizona Yes[lower-alpha 6] Yes[lower-alpha 7] No No [17]
Arkansas Yes[lower-alpha 8] Yes[lower-alpha 9] No Capital murder[lower-alpha 10] [18]
California Yes[lower-alpha 11] Yes[lower-alpha 11] No No [19][20]
Colorado Yes[lower-alpha 12] Yes[lower-alpha 13] No No [21]
Connecticut No No No Murder,[lower-alpha 14] Murder with special circumstances,[lower-alpha 15] Felony murder,[lower-alpha 16] Arson murder[lower-alpha 17] [22]
Delaware Yes[lower-alpha 18] Yes[lower-alpha 19] No No [23]
District of Columbia Yes[lower-alpha 20] Yes[lower-alpha 21] No No [24]
Florida Yes[lower-alpha 22] Yes[lower-alpha 23] Yes[lower-alpha 24] No [25]
Georgia No No No Murder, Felony murder[lower-alpha 25] [26]
Guam No No No Murder,[lower-alpha 26] Aggravated murder[lower-alpha 27] [27]
Hawaii Yes[lower-alpha 28] Yes[lower-alpha 29] No No [28]
Idaho Yes[lower-alpha 30] Yes[lower-alpha 30] No No [29]
Illinois Yes[lower-alpha 31] Yes[lower-alpha 32] No No [30]
Indiana No No No Murder[lower-alpha 33] [31]
Iowa Yes[lower-alpha 34] Yes[lower-alpha 35] No No [32]
Kansas Yes[lower-alpha 36] Yes[lower-alpha 37] No Capital murder[lower-alpha 38] [33]
Kentucky No No No Murder[lower-alpha 39] [34]
Louisiana Yes[lower-alpha 40] Yes[lower-alpha 41] No No [35]
Maine No No No Murder,[lower-alpha 42] Felony murder[lower-alpha 43] [36]
Maryland Yes[lower-alpha 44] Yes[lower-alpha 45] No No [37]
Massachusetts Yes Yes No No [38]
Michigan Yes[lower-alpha 46] Yes[lower-alpha 47] No No [39]
Minnesota Yes[lower-alpha 48] Yes[lower-alpha 49] Yes[lower-alpha 50] No [40]
Mississippi Yes[lower-alpha 51] Yes[lower-alpha 52] No Capital murder[lower-alpha 53] [41]
Missouri Yes[lower-alpha 54] Yes[lower-alpha 55] No No [42]
Montana No No No Deliberate homicide,[lower-alpha 56] Mitigated deliberate homicide[lower-alpha 57] [43][44]
Nebraska Yes[lower-alpha 58] Yes[lower-alpha 59] No No [45]
Nevada Yes[lower-alpha 60] Yes[lower-alpha 60] No No [46]
New Hampshire Yes[lower-alpha 61] Yes[lower-alpha 62] No Capital murder[lower-alpha 63] [47]
New Jersey No No No Murder[lower-alpha 64] [48][49]
New Mexico Yes[lower-alpha 65] Yes[lower-alpha 66] No No [50]
New York Yes[lower-alpha 67] Yes[lower-alpha 68] No Aggravated murder[lower-alpha 69] [51]
North Carolina Yes[lower-alpha 70] Yes[lower-alpha 70] No Murder of an unborn child[lower-alpha 71] [52]
North Dakota No No No Murder[lower-alpha 72] [53]
Northern Mariana Islands Yes[lower-alpha 73] Yes[lower-alpha 74] No No [54]
Ohio No No No Murder,[lower-alpha 75] Aggravated murder[lower-alpha 76] [55]
Oklahoma Yes[lower-alpha 77] Yes[lower-alpha 78] No No [56]
Oregon No No No Murder,[lower-alpha 79] Aggravated murder[lower-alpha 80] [57]
Pennsylvania Yes[lower-alpha 81] Yes[lower-alpha 82] Yes[lower-alpha 83] No [58]
Puerto Rico ? ? ? ?
Rhode Island Yes[lower-alpha 84] Yes[lower-alpha 84] No No [59]
South Carolina No No No Murder[lower-alpha 85] [60]
South Dakota Yes[lower-alpha 86] Yes[lower-alpha 87] No No [61]
Tennessee Yes[lower-alpha 88] Yes[lower-alpha 89] No No [62]
Texas No No No Murder,[lower-alpha 90] Capital murder[lower-alpha 91] [63]
United States Virgin Islands ? ? ? ?
Utah No No No Murder,[lower-alpha 92] Aggravated murder[lower-alpha 93] [64]
Vermont Yes[lower-alpha 94] Yes[lower-alpha 94] No No [65]
Virginia Yes[lower-alpha 95] Yes[lower-alpha 95] No Capital murder[lower-alpha 96] [66]
Washington Yes[lower-alpha 97] Yes[lower-alpha 98] No No [67]
West Virginia Yes[lower-alpha 99] Yes[lower-alpha 99] No No [68]
Wisconsin No No No First-degree intentional homicide,[lower-alpha 100] first-degree reckless homicide,[lower-alpha 101] felony murder[lower-alpha 102] [69]
Wyoming Yes[lower-alpha 103] Yes[lower-alpha 104] No No [70]

States have adopted several different schemes for classifying murders by degree. The most common separates murder into two degrees (first and second degree murder), and treats voluntary and involuntary manslaughter as separate crimes that do not constitute murder.[71]

  • First-degree murder: any intentional murder that is willful and premeditated with malice aforethought. Felony murder, a charge that may be filed against a defendant who is involved in a dangerous crime where a death results from the crime,[71] is typically first-degree.[72]
  • Second-degree murder: any intentional murder without premeditation, but with malice aforethought. [73]
  • Voluntary manslaughter: sometimes called a crime of passion murder, is any intentional killing that involves no prior intent to kill, and which was committed under such circumstances that would "cause a reasonable person to become emotionally or mentally disturbed". Both this and second-degree murder are committed on the spot under a spur-of-the-moment choice, but the two differ in the magnitude of the circumstances surrounding the crime. For example, a bar fight that results in death would ordinarily constitute second-degree murder. If that same bar fight stemmed from a discovery of infidelity, however, it may be mitigated to voluntary manslaughter.[74]
  • Involuntary manslaughter: a killing that stems from a lack of intention to cause death but involving an intentional, or negligent, act leading to death. A drunk driving–related death is typically involuntary manslaughter (see also vehicular homicide, causing death by dangerous driving, gross negligence manslaughter and causing death by criminal negligence for international equivalents). Note that the "unintentional" element here refers to the lack of intent to bring about the death. All three crimes above feature an intent to kill, whereas involuntary manslaughter is "unintentional", because the killer did not intend for a death to result from their intentional actions. If there is a presence of intention it relates only to the intent to cause a violent act which brings about the death, but not an intention to bring about the death itself.[75]

The Model Penal Code classifies homicides differently, without degrees. Under it, murder is any killing committed purposefully and knowingly, manslaughter is any killing committed as a result of recklessness, and negligent homicide is any killing resulting from negligence.[76]

Some states classify their murders differently. In Pennsylvania, first-degree murder encompasses premeditated murders, second-degree murder encompasses accomplice liability, and third-degree serves as a catch-all for other murders. In New York, first-degree murder involves "special circumstances", such as the murder of a police officer or witness to a crime, multiple murders, or murders involving torture.[77] Under this system, second-degree murder is any other premeditated murder.[78]

The New York statutes also recognize "murder for hire" as first degree murder. Texas uses a similar scheme to New York, but refers to first-degree murder as "capital murder", a term which typically applies only to those crimes that merit the death penalty. Some states, such as Florida, do not separate the two kinds of manslaughter.

Punishment

Federal

Offense Mandatory sentencing[79]
Involuntary manslaughter Fine or up to 8 years imprisonment[80]
Voluntary manslaughter Fine or up to 15 years imprisonment[80]
Second degree murder Term of years to life[81]
First degree murder Imprisonment for life to death sentence[81]

Military

Offense Mandatory sentencing[82]
Murder under UCMJ Article 118[82] Clause (2) or (3) Any legal punishment as directed by the court-martial
Murder under UCMJ Article 118[82] Clause (1) or (4) Death or life imprisonment

By states

Fetal killing

Fetal homicide laws in the United States
  "Homicide" or "murder".
  Other crime against fetus.
  Depends on age of fetus.
  Assaulting mother.
  No law on feticide.

Under the common law, an assault on a pregnant woman resulting in a stillbirth was not considered murder.[83] Remedies were limited to criminal penalties for the assault on the mother and tort action for loss of the anticipated economic services of the lost child and/or for emotional pain and suffering. With the widespread adoption of laws against abortion, the assailant could be charged with that offense, but the penalty was often only a fine and a few days in jail. A number of states have passed "fetal homicide" laws, making killing of a fetus murder; the laws differ about the stage of development at which the fetus is protected.

After several well-publicized cases, Congress in 2004 passed the Unborn Victims of Violence Act, which specifically criminalizes harming a fetus, with the same penalties as for a similar attack upon a person, when the attack would be a federal offense.[84] Most such attacks fall under state laws; for instance, Scott Peterson was convicted of killing his unborn son as well as his wife under California's pre-existing fetal homicide law.[85]

Sentencing guidelines

Arizona

In Arizona, a person is charged with murder when the offender knowingly and intentionally causes the death of a person or unborn child. The murder must be premeditated. In the state of Arizona, if one is found guilty of first degree murder, there is the possibility of receiving the death penalty.[86]

California

A person convicted of first-degree murder in California will face a sentence of 25 years-to-life in prison. They must serve at least 25 years before being eligible for parole. If the murder was committed because of the victim’s race, religion, or gender, the convicted will be sentenced to life in prison without the possibility of parole.

A person convicted of second-degree murder in California will face a sentence of 15 years-to-life in prison. They must serve at least 15 years in prison before being eligible for parole. Punishments are much harsher if the murder victim was a peace officer or was killed during a drive-by shooting.

If a person is convicted of capital murder, they can face a sentence of life in prison without parole, or the death penalty.

If a gun was user during the murder, the punishment will include an additional 10, 20, or 25-years to life prison sentence. Those convicted will also receive a strike on their criminal record, and fines of up to $10,000. They will also have to pay restitution to victims, and will no longer be allowed to own a gun.[87]

Florida

In Florida, a person is guilty of first degree murder when it is perpetrated from a premeditated design to result in the death of a human being. A person is also guilty of first degree murder if they cause the death of any individual during the commission of a predicate felony regardless of actual intent or premeditation. This is called felony murder. This offense is categorized as capital offense, if convicted the offender could possibly receive the death penalty.[88][89]

Hawaii

In Hawaii, a person commits first degree murder when the crime involves one or more specific elements:

  • Multiple victims killed
  • A public safety official, such as a police officer, firefighter, or paramedic/EMT
  • A judge or prosecutor killed (in connection with their respective duties)
  • A witness in a criminal case killed (in connection with the person being a witness)
  • Murder committed for hire (with the charge applying to both the murderer and the person who paid the murderer)
  • Murder committed by an imprisoned person

The State of Hawaii has no death penalty. If they are found guilty, the maximum penalty is life imprisonment without the possibility of parole.[90][91]

Louisiana

Louisiana states that homicide in the third degree is manslaughter. There are other specific guidelines, for example, the killing of a police officer or firefighter is an automatic first degree charge, and intent to kill more than one person is automatically a first degree charge. In the State of Louisiana convicted murderers can receive life imprisonment or the death penalty.[92]

Michigan

In Michigan, a person is found guilty of first degree murder when murder is perpetrated by means of poison, lying in wait, or any other willful, deliberate, and premeditated killing. In Michigan the top penalty the perpetrator can receive is life imprisonment.[93]

Nevada

In Nevada, first degree murder is the unlawful killing of a human being with malice aforethought, either expressed or implied. If a serial killer is found guilty with aggravating circumstances, for example killing someone with torture or killing a stranger with no apparent motive, then the State can seek the death penalty or a sentence of life without parole.[94]

Washington

In the state of Washington, a person is found guilty of first degree murder when there is a premeditated intent to cause the death of another person. Murder in the first degree is a class A felony in the state of Washington.[95] If a person is convicted of first degree murder, he will not receive anything lower than life imprisonment.[96]

The offender can possibly get a charge of aggravated first degree murder if he commits first degree murder and have an aggravating circumstance, for example if he kills a public safety official, such as a police officer, firefighter, or paramedic/EMT. In this case he can receive the death penalty.[97]

See also

Notes

  1. ↑ AL Code § 13A-6-2.
  2. ↑ AK Statutes § 11.41.100. Murder in the first degree.
  3. ↑ AK Statutes § 11.41.110. Murder in the first degree.
  4. ↑ AS Code § 46.3502. Murder in the 1st degree.
  5. ↑ AS Code § 46.3503. Murder in the 2nd degree.
  6. ↑ AZ Rev Stat § 13-1105. First degree murder. Classification.
  7. ↑ AZ Rev Stat § 13-1104. Second degree murder. Classification.
  8. ↑ AR Code § 5-10-102. Murder in the first degree.
  9. ↑ AR Code § 5-10-103. Murder in the second degree.
  10. ↑ AR Code § 5-10-103. Capital murder.
  11. 1 2 CA Penal Code § 189.
  12. ↑ CO Rev Stat § 18-3-102. Murder in the first degree.
  13. ↑ CO Rev Stat § 18-3-103. Murder in the second degree.
  14. ↑ CT Gen Stat § 53a-54a. Murder.
  15. ↑ CT Gen Stat § 53a-54b. Murder with special circumstances.
  16. ↑ CT Gen Stat § 53a-54c. Felony murder.
  17. ↑ CT Gen Stat § 53a-54d. Arson murder.
  18. ↑ DE Code § 634 Murder by abuse or neglect in the first degree; class A felony; § 636 Murder in the first degree; class A felony.
  19. ↑ DE Code § 633 Murder by abuse or neglect in the second degree; class B felony; § 635 Murder in the second degree; class A felony.
  20. ↑ DC Code § 22–2101. Murder in the first degree — Purposeful killing; killing while perpetrating certain crimes; § 22–2102. Murder in the first degree — Placing obstructions upon or displacement of railroads.
  21. ↑ DC Code § 22–2103. Murder in the second degree.
  22. ↑ FL Statutes § 782.04(1)(a)
  23. ↑ FL Statutes § 782.04(2)
  24. ↑ FL Statutes § 782.04(3)
  25. ↑ GA Code § 16-5-1. Murder; felony murder.
  26. ↑ GU Code § 16.40. Murder Defined.
  27. ↑ GU Code § 16.30. Aggravated Murder Defined.
  28. ↑ HI Rev Stat § 707-701. Murder in the first degree.
  29. ↑ HI Rev Stat § 707-701.5. Murder in the second degree.
  30. 1 2 ID Statutes § 18-4003. Degrees of murder.
  31. ↑ Sec. 9-1. First degree Murder - Death penalties - Exceptions - Separate Hearings - Proof - Findings - Appellate procedures - Reversals.
  32. ↑ Sec. 9-2. Second degree murder.
  33. ↑ IN Code § 35-42-1-1. Murder.
  34. ↑ IA Code § 707.2. Murder in the first degree.
  35. ↑ IA Code § 707.3. Murder in the second degree.
  36. ↑ KS Stat §21-5402. Murder in the first degree.
  37. ↑ KS Statutes §21-5401. Murder in the second degree.
  38. ↑ KS Stat §21-5401. Capital murder.
  39. ↑ KY Rev Stat § 507.020 (2017). Murder.
  40. ↑ LA Rev Stat § 30. First degree murder.
  41. ↑ LA Rev Stat § 30.1. Second degree murder.
  42. ↑ 17-A ME Rev Stat §201. Murder.
  43. ↑ 17-A ME Rev Stat §202. Felony murder.
  44. ↑ MD Code § 2-201. Murder in the first degree
  45. ↑ MD Code § 2-204. Murder in the second degree (Amendment effective October 1, 2017.)
  46. ↑ MI Compiled Laws § 750.316 First degree murder; penalty; definitions.
  47. ↑ MI Compiled Laws § 750.317 Second degree murder; penalty.
  48. ↑ MN Statutes § 609.185. Murder in the first degree.
  49. ↑ MN Statutes § 609.19 Murder in the second degree.
  50. ↑ MN Statutes § 609.195 Murder in the third degree.
  51. ↑ MS Code § 97-3-19(1)(a), (1)(c), (1)(d).
  52. ↑ MS Code § 97-3-19(1)(b).
  53. ↑ MS Code § 97-3-19(2).
  54. ↑ MO Rev Stat § 565.020 (2016). First degree murder, penalty — person under eighteen years of age, penalty.
  55. ↑ MO Rev Stat § 565.021 (2016). Second degree murder, penalty.
  56. ↑ MT Code § 45-5-102 (2017). Deliberate homicide.
  57. ↑ MT Code § 45-5-103 (2017). Mitigated deliberate homicide.
  58. ↑ NE Rev Stat § 28-303 (2017). Murder in the first degree; penalty.
  59. ↑ NE Rev Stat § 28-304 (2017). Murder in the second degree; penalty.
  60. 1 2 NV Rev Stat § 200.030. Degrees of murder; penalties.
  61. ↑ NH Statutes § 630:1-a. First Degree Murder.
  62. ↑ NH Statutes § 630:1-b. Second Degree Murder.
  63. ↑ NH Statutes § 630:1. Capital Murder.
  64. ↑ NJ Statutes § 2C:11-3. Murder.
  65. ↑ NM Statutes § 30-2-1(A).
  66. ↑ NM Statutes § 30-2-1(B).
  67. ↑ NY PEN § 125.27. Murder in the first degree.
  68. ↑ NY PEN § 125.25. Murder in the second degree.
  69. ↑ NY PEN § 125.26. Aggravated murder.
  70. 1 2 NC Gen Stat § 14-17. Murder in the first and second degree defined; punishment.
  71. ↑ NC Gen Stat § 14-23.2. Murder of an unborn child; penalty.
  72. ↑ ND Code § 12.1-16-01. Murder.
  73. ↑ MP Code § 1101(a). First Degree Murder.
  74. ↑ MP Code § 1101(b). Second Degree Murder.
  75. ↑ OH Revised Code § 2903.02.
  76. ↑ OH Revised Code § 2903.01.
  77. ↑ OK Stat § 21-701.7. Murder in the first degree.
  78. ↑ OK Stat § 21-701.8. Murder in the second degree.
  79. ↑ OR Rev Stat § 163.115 - Murder; affirmative defense to certain felony murders; sentence of life imprisonment required; minimum term.
  80. ↑ OR Rev Stat § 163.095 (2017). "Aggravated murder" defined.
  81. ↑ 18 PA Cons Stat § 2502(a). Murder of the first degree.
  82. ↑ 18 PA Cons Stat § 2502(b). Murder of the first degree.
  83. ↑ 18 PA Cons Stat § 2502(c). Murder of the first degree.
  84. 1 2 RI Gen L § 11-23-1 (2013). Murder.
  85. ↑ SC Code § 16-3-10.
  86. ↑ SD Codified Laws § 22-16-4. Homicide as murder in the first degree.
  87. ↑ SD Codified Laws § 22-16-7. Homicide as murder in the second degree.
  88. ↑ TN Code § 39-13-202. First degree murder.
  89. ↑ TN Code § 39-13-202. Second degree murder.
  90. ↑ TX Penal Code § 19.02. Murder.
  91. ↑ TX Penal Code § 19.03. Capital Murder.
  92. ↑ UT Criminal Code § 203. Murder.
  93. ↑ UT Criminal Code § 202. Aggravated murder.
  94. 1 2 VT Statutes § 2301. Murder-Degrees defined.
  95. 1 2 VA Code § 18.2-32. First and second degree murder defined; punishment
  96. ↑ VA Code § 18.2-31. Capital murder defined; punishment.
  97. ↑ WA Rev Code § 9A.32.030. Murder in the first degree
  98. ↑ WA Rev Code § 9A.32.050. Murder in the second degree
  99. 1 2 WV Code § 61-2-1. First and second degree murder defined; allegations in indictment for homicide.
  100. ↑ WI Stat § 940.01. First-degree intentional homicide.
  101. ↑ WI Stat § 940.02. First-degree reckless homicide.
  102. ↑ WI Stat § 940.03. Felony murder.
  103. ↑ WY Code § 6-2-101. Murder in the first degree; penalty.
  104. ↑ WY Code § 6-2-104. Murder in the second degree; penalty.

References

  1. ↑ "Statistical Abstract of the United States". U.S. Census Bureau. Government Printing Office. Retrieved 10 September 2017. Page 187.
  2. ↑ Cohen, Thomas H.; Reaves, Bryan A. (1 February 2006). "Felony Defendants in Large Urban Counties, 2002". Bureau of Justice Statistics. U.S. Department of Justice. Retrieved 10 September 2017.
  3. ↑ Bosman, Julie (27 May 2015). "Nebraska Bans Death Penalty, Defying a Veto". The New York Times.
  4. ↑ "Death Sentences and Executions 2013" (PDF). Amnesty International. 2014. Retrieved 10 September 2017.
  5. ↑ "Executions by year since 1976". Death Penalty Information Center. June 4, 2015. Retrieved July 3, 2015.
  6. ↑ Fins, Deborah. "Death Row U.S.A. Fall 2014" (PDF). Death Penalty Information Center. Quarterly report by the Criminal Justice Project. NAACP Legal Defense and Educational Fund, Inc. Retrieved July 3, 2015.
  7. ↑ "Death Row Inmates by State and Size of Death Row by Year". Death Penalty Information Center. April 1, 2015. Retrieved July 3, 2015.
  8. 1 2 "18 U.S. Code § 1841 - Protection of unborn children". Legal Information Institute. Cornell Law School. Retrieved 10 September 2017.
  9. ↑ See generally, "U.S. Code: Title 18 - Crimes and Criminal Procedure". Legal Information Institute. Cornell Law School. Retrieved 10 September 2017.
  10. ↑ "Koon v. United States, 518 US 81, 116 S. Ct. 2035, 135 L. Ed. 2d 392 (1996)". Google Scholar. Google. Retrieved 10 September 2017.
  11. ↑ Siegel, Larry J. (2014). Criminology: The Core. Cengage Learning. p. 268. ISBN 1285068904. Retrieved 10 September 2017.
  12. ↑ 18 U.S.C. § 1111(a)
  13. ↑ "Alabama Code Title 13A (Criminal Code), Chapter 6 (Offences Involving Danger to the Person), Article 1 (Homicide)". findlaw.com. Retrieved 2018-03-13.
  14. ↑ "Alaska Statutes Title 11 (Criminal Law), Chapter 41 (Offenses Against the Person), Article 1 (Homicide)". findlaw.com. Retrieved 2018-03-13.
  15. ↑ "Alaska Manslaughter Laws". findlaw.com. Retrieved 2018-03-13.
  16. ↑ "American Samoa Code Annotated, Title 46 (Criminal Justice), Chapter 35 (Offenses Against the Person)". American Samoa Bar Association. Retrieved 2018-03-13.
  17. ↑ "Arizona Revised Statutes Title 13 (Criminal Code), Chapter 11 (Homicide)". Arizona State Legislature. Retrieved 2018-03-13.
  18. ↑ "Arkansas Code Title 5 (Criminal Offenses), Subtitle 2 (Offenses Against The Person), Chapter 10 (Homicide)". justia.com. 2015. Retrieved 2018-03-13.
  19. ↑ "California Penal Code, Part 1 (Of Crimes and Punishments), Title 8 (Offenses Against the Person), Chapter 1 (Homicide)". California State Assembly. Retrieved 2018-03-13.
  20. ↑ "California First Degree Murder Law". findlaw.com. Retrieved 2018-03-13.
  21. ↑ "Colorado Revised Statutes, Title 18 (Criminal Code), Article 3 (Offenses Against the Person), Part 1 (Homicide and Related Offenses)" (PDF). Colorado General Assembly. 2017. Archived (PDF) from the original on 2018-03-13. Retrieved 2018-03-13.
  22. ↑ "Connecticut General Statutes, Title 53a (Penal Code), Chapter 952 (Penal Code: Offenses), Part VI (Homicide)". Connecticut General Assembly. 2012. Retrieved 2018-03-13.
  23. ↑ "Delaware Code, Title 11 (Crimes and Criminal Procedure), Chapter 5 (Specific Offenses), Subchapter II (Offenses Against the Person), Part B (Acts Causing Death)". State of Delaware. Retrieved 2018-03-13.
  24. ↑ "Code of the District of Columbia, Title 22 (Criminal Offenses and Penalties), Chapter 21 (Murder; Manslaughter)". Council of the District of Columbia. Retrieved 2018-03-13.
  25. ↑ "Florida Statutes 2017, Title XLVI (Crimes), Chapter 782 (Homicide)". Florida Legislature. 2017. Retrieved 2018-03-13.
  26. ↑ "Georgia Code, Title 16 (Crimes and Offenses), Chapter 5 (Crimes Against the Person), Article 1 (Homicide)". justia.com. 2010. Retrieved 2018-03-13.
  27. ↑ "Guam Code Annotated, Title 9 (Crimes & Corrections), Chapter 16 (Criminal Homicide)" (PDF). Supreme Court of Guam. 2017-12-15. Retrieved 2018-03-13.
  28. ↑ "Hawaii Revised Statutes, Division 5 (Crimes and Criminal Proceedings), Title 37 (Hawaii Penal Code), Chapter 707 (Offenses Against the Person), Part II (Criminal Homicide)". State of Hawaii. Retrieved 2018-03-13.
  29. ↑ "Idaho Statutes, Title 18 (Crimes and Punishments), Chapter 40 (Homicide)". Idaho State Legislature. 2017. Retrieved 2018-03-13.
  30. ↑ "(720 ILCS 5/) Criminal Code of 2012, Title III (Specific Offenses), Part B (Offenses Directed Against the Person), Article 9 (Homicide)". Illinois General Assembly. 2012. Retrieved 2018-03-13.
  31. ↑ "Indiana Code, Title 35 (Criminal Law and Procedure), Article 42 (Offenses Against the Person), Chapter 1 (Homicide)". Indiana General Assembly. 2017. Retrieved 2018-03-13.
  32. ↑ "Iowa Code 2018, Title XVI (Criminal Law and Procedure), Chapter 707 (Homicide and Related Crimes)". Iowa Legislature. 2018. Retrieved 2018-03-13.
  33. ↑ "Kansas Statutes, Chapter 21 (Crimes and Punishments), Article 54 (Crimes Against Persons)". Kansas Legislature. 2014. Retrieved 2018-03-13.
  34. ↑ "2017 Kentucky Code, Title L (Kentucky Penal Code), Chapter 507 (Criminal Homicide)". justia.com. 2017. Retrieved 2018-03-13.
  35. ↑ "Louisiana Revised Statutes, Title 14 (Criminal Law), Part II (Offenses Against the Person), Subpart A (Homicide)". Louisiana State Legislature. Retrieved 2018-03-13.
  36. ↑ "Maine Revised Statutes, Title 17-A (Maine Criminal Code), Chapter 9 (Offenses Against the Person)". Maine Legislature, Office of the Revisor of Statutes. Retrieved 2018-03-13.
  37. ↑ "2016 Maryland Code, Criminal Law, Title 2 (Homicide), Subtitle 2 (Murder and Manslaughter)". justia.com. Retrieved 2018-03-13.
  38. ↑ "Massachusetts General Laws, Part IV (Crimes, Punishments and Proceedings in Criminal Cases), Title I (Crimes and Punishments), Chapter 265 (Crimes Against the Person), Section 1 (Murder Defined)". Massachusetts General Court. Retrieved 2018-03-13.
  39. ↑ "Michigan Compiled Laws, Chapter 750 (Michigan Penal Code), Chapter XLV (Homicide)". Michigan Legislature. 2016. Retrieved 2018-03-13.
  40. ↑ "2017 Minnesota Statutes, Chapter 609 (Criminal Code)". Minnesota: Office of the Revisor of Statutes. 2017. Retrieved 2018-03-13.
  41. ↑ "2016 Mississippi Code, Title 97 (Crimes), Chapter 3 (Crimes Against the Person)". justia.com. 2016. Retrieved 2018-03-13.
  42. ↑ "Missouri Revised Statutes, Title XXXVII (Crimes and Punishment; Peace Officers and Public Defenders), Chapter 565 (Offenses Against the Person)". Revisor of Statutes, State of Missouri. 2016-08-28. Retrieved 2018-03-13.
  43. ↑ "Montana Code Annotated 2017, Title 45 (Crimes), Chapter 5 (Offenses Against the Person), Part 1 (Homicide)". Montana Legislature. 2017. Retrieved 2018-03-13.
  44. ↑ "Montana Murder Law". findlaw.com. Retrieved 2018-03-13.
  45. ↑ "2017 Nebraska Revised Statutes, Chapter 28 (Crimes and Punishments)". justia.com. Retrieved 2018-03-13.
  46. ↑ "Nevada Revised Statutes, Title 15 (Crimes and Punishments), Chapter 200 (Crimes Against the Person), Part 1 (Homicide)". Nevada State Legislature. Retrieved 2018-03-13.
  47. ↑ "New Hampshire Statutes, Title LXII (Criminal Code), Chapter 630 (Homicide)". New Hampshire General Court. Retrieved 2018-03-13.
  48. ↑ "New Jersey Statutes, Title 2A (The New Jersey Code of Criminal Justice), Chapter 11". Rutgers School of Law. Retrieved 2018-03-13.
  49. ↑ "New Jersey Murder Law". findlaw.com. Retrieved 2018-03-13.
  50. ↑ "2016 New Mexico Statutes, Chapter 30 (Criminal Offenses), Article 2 (Homicide)". justia.com. 2016. Retrieved 2018-03-13.
  51. ↑ "New York Penal Code, Part 3 (Specific Offenses), Title H (Offenses Against the Person Involving Physical Injury, Sexual Conduct, Restraint and Intimidation), Article 125 (Homicide, Abortion and Related Offenses)". New York State. 2018. Retrieved 2018-03-13.
  52. ↑ "North Carolina General Statutes, Chapter 14 (Criminal Law)". North Carolina General Assembly. Retrieved 2018-03-13.
  53. ↑ "North Dakota Code, Title 12.1 (Criminal Code), Chapter 12.1-16 (Homicide)". North Dakota Legislative Council. Retrieved 2018-03-13.
  54. ↑ "Commonwealth Code, Title 6 (Crimes and Criminal Procedure), Division 1 (Crimes Against the Person), Chapter 1 (Homicide)". Commonwealth of the Northern Mariana Islands Law Revision Commission. Retrieved 2018-03-13.
  55. ↑ "Chapter 2903 (Homicide and Assault)". State of Ohio. Retrieved 2018-03-13.
  56. ↑ "Oklahoma Statutes 2017, Title 21 (Crimes and Punishments)". justia.com. 2017. Retrieved 2018-03-13.
  57. ↑ "2017 Oregon Revised Statutes, Volume 04 (Criminal Procedure, Crimes), Chapter 163 (Offenses Against Persons)". justia.com. 2017. Retrieved 2018-03-13.
  58. ↑ "Pennsylvania Consolidated Statutes, Title 18 (Crimes and Offenses), Article B (Offenses Involving Danger to the Person), Chapter 25 (Criminal Homicide)". Pennsylvania General Assembly. Retrieved 2018-03-13.
  59. ↑ "Rhode Island General Laws, Title 11 (Criminal Offenses), Chapter 11-23 (Homicide)". Rhode Island General Assembly. 2013. Retrieved 2018-03-13.
  60. ↑ "South Carolina Code of Laws, Title 16 (Crimes and Offenses), Chapter 3 (Offenses Against the Person), Article 1 (Homicide)". South Carolina General Assembly. Retrieved 2018-03-13.
  61. ↑ "South Dakota Codified Laws, Title 22 (Crimes), Chapter 22-16 (Homicide and Suicide)". South Dakota Legislature, Legislative Research Council. Retrieved 2018-03-13.
  62. ↑ "2016 Tennessee Code, Title 39 (Criminal Offenses), Chapter 13 (Offenses Against the Person), Part 2 (Criminal Homicide)". justia.com. 2016. Retrieved 2018-03-13.
  63. ↑ "Texas Penal Code, Title 5 (Offenses Against the Person), Chapter 19 (Criminal Homicide)". Texas Legislature. Retrieved 2018-03-13.
  64. ↑ "Utah Code, Title 76 (Utah Criminal Code), Chapter 5 (Offenses Against the Person), Part 2 (Criminal Homicide)". Utah State Legislature. Retrieved 2018-03-13.
  65. ↑ "2017 Vermont Statutes, Title 13 (Crimes and Criminal Procedure), Chapter 53 (Homicide)". justia.com. 2017. Retrieved 2018-03-13.
  66. ↑ "Code of Virginia, Title 18.2 (Crimes and Offenses Generally), Chapter 4 (Crimes Against the Person), Article 1 (Homicide)". Virginia General Assembly. Retrieved 2018-03-13.
  67. ↑ "Revised Code of Washington, Title 9A (Washington Criminal Code), Chapter 9A.32 (Homicide)". Washington State Legislature. Retrieved 2018-03-13.
  68. ↑ "West Virginia Code, Chapter 61 (Crimes and Their Punishment), Article 2 (Crimes Against the Person)". West Virginia Legislature. Retrieved 2018-03-13.
  69. ↑ "Wisconsin Statutes, Chapter 940 (Crimes Against Life and Bodily Security), Subchapter 1 (Life)". Wisconsin State Legislature. Retrieved 2018-03-13.
  70. ↑ "2016 Wyoming Code, Title 6 (Crimes and Offenses), Chapter 2 (Offenses Against the Person), Article 1 (Homicide)". justia.com. 2016. Retrieved 2018-03-13.
  71. 1 2 Larson, Aaron (7 October 2016). "What Are Homicide and Murder". ExpertLaw. Retrieved 10 September 2017.
  72. ↑ "First Degree Murder Overview". FindLaw. Retrieved 10 September 2017.
  73. ↑ "Second Degree Murder Overview". FindLaw. Retrieved 10 September 2017.
  74. ↑ "Voluntary Manslaughter: Definition". FindLaw. Retrieved 10 September 2017.
  75. ↑ "Involuntary Manslaughter Overview". FindLaw. Retrieved 10 September 2017.
  76. ↑ Criminal Law. Minnesota: M Libraries Publishing. 2015. ISBN 9781946135087. Retrieved 10 September 2017. Sec. 9.2, Murder.
  77. ↑ See, e.g., "New York Penal Code, Sec. § 125.27 Murder in the first degree". New York State Senate. Retrieved 10 September 2017.
  78. ↑ See, e.g., "New York Penal Code, Sec. § 125.25 Murder in the second degree". New York State Senate. Retrieved 10 September 2017.
  79. ↑ "18 U.S. Code Chapter 51 - Homicide". Legal Information Institute. Cornell Law School. Retrieved 10 September 2017.
  80. 1 2 "18 U.S. Code § 1112 - Manslaughter". Legal Information Institute. Cornell Law School. Retrieved 10 September 2017.
  81. 1 2 "18 U.S. Code § 1111 - Murder". Legal Information Institute. Cornell Law School. Retrieved 10 September 2017.
  82. 1 2 3 "10 U.S. Code § 918 - Art. 118. Murder". Legal Information Institute. Cornell Law School. Retrieved 10 September 2017.
  83. ↑ Reinhart, Christopher (19 February 2002). "Murder of an Unborn Child". Office of Legislative Research. Connecticut General Assembly. Retrieved 10 September 2017.
  84. ↑ Bush, George W. (April 2004). "President Bush Signs Unborn Victims of Violence Act of 2004". WhiteHouse.gov. Retrieved 5 May 2016.
  85. ↑ Edds, Kimberly; Argetsinger, Amy (13 November 2004). "Peterson Convicted Of Double Murder". Washington Post. Retrieved 10 September 2017.
  86. ↑ "13-1105 - First degree murder; classification". Azleg.state.az.us. Retrieved June 25, 2010.
  87. ↑ "CA Penal Code 187". Retrieved October 12, 2018.
  88. ↑ "Florida Statutes, Sec. 782.04. Murder". Florida Senate. Retrieved 10 September 2017.
  89. ↑ "Florida Statutes, Sec. 775.082. Penalties; applicability of sentencing structures; mandatory minimum sentences for certain reoffenders previously released from prison". Florida Senate. Retrieved 10 September 2017.
  90. ↑ "Hawaii Revised Statutes §707-701". Hawaii State Legislature. 2010. Retrieved September 6, 2011.
  91. ↑ "Hawaii Revised Statutes §706-656". Hawaii State Legislature. 2010. Retrieved September 6, 2011.
  92. ↑ "Louisiana Revised Statutes, Sec. 14:30. First Degree Murder". Louisiana State Legislature. Retrieved 10 September 2017.
  93. ↑ "Michigan Legislature - Section 750.316". Legislature.mi.gov. Retrieved June 25, 2010.
  94. ↑ "NRS: CHAPTER 200 - CRIMES AGAINST THE PERSON". Leg.state.nv.us. Retrieved June 25, 2010.
  95. ↑ "RCW 9A.32.030: Murder in the first degree". Apps.leg.wa.gov. Retrieved June 25, 2010.
  96. ↑ "RCW 9A.32.040: Murder in the first degree — Sentence". Apps.leg.wa.gov. Retrieved June 25, 2010.
  97. ↑ "RCW 10.95.020: Definition". Apps.leg.wa.gov. Retrieved June 25, 2010.
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