Statutory Modification of Common Law Classification of Murder

Question 1

First Degree Murder Definition

Answer 1

All murders are 2nd degree unless the prosecution proves any of the following, which make them 1st degree murder:

(1) Deliberate and Premediated Killing
(2) First Degree Felony Murder
(3) Statutory 1st Degree Murder

Question 2

Deliberate and Premediated Killing Definition

Answer 2

“Deliberate” means that the defendant made the decision in a cool and dispassionate manner. “Pre-mediatated” means that the defendant actually reflected on the idea of killing, if only for a very brief period.

Question 3

1st Degree Felony Murder

Answer 3

Murder committed during the enumerated listed of felonies: burglary, arson, rape, robbery, and kidnapping. Other felonies that are inherently dangerous to human life are often specifically added.

Question 4

2nd Degree Felony Murder

Answer 4

Even if a state lists the felonies included under the doctrine, a separate statute may provide for criminal liability for a killing committed during the course of a non-listed felony. Such killings typically will be classified as second degree murder.

Question 5

Other State Variations for Felony Murder

Answer 5

Some states may not list the felonies to be included under the felony murder doctrine at all. Other states that permit felony murder liability based on a felony that is not listed sometiems included the additional requirement that the felony be inherently dangerous to human life or that the felony be dangerous to human life as committed.

Question 6

Other Statutes for 1st Degree Murder

Answer 6

Some statutes make killings performed in certain ways first degree murder. Thus, killing by lying in wait, poison, or torture may be first degree murder.