FINDLAW LEGAL DICTIONARY
murder
murder n
[partly from Old English morthor; partly from Old French
murdre, of Germanic origin]
: the crime of unlawfully and unjustifiably killing another
under circumstances defined by statute (as with premeditation)
;esp
: such a crime committed purposely, knowingly, and recklessly
with extreme indifference to human life or during the course of a serious felony
(as robbery or rape) compare cold
blood, cooling time,
homicide,
manslaughter NOTE: Self-defense,
necessity, and lack of capacity for criminal responsibility (as because of
insanity) are defenses to a charge of murder. Most state statutes and the U.S.
Code divide murder into two degrees. Florida, Minnesota, and Pennsylvania
currently have three degrees of murder. Some states do not assign degrees of
murder.
de·praved-heart murder
[di-prāvd-hÄ rt-]
: a murder that is the result of an act which is dangerous to
others and shows that the perpetrator has a depraved mind and no regard for
human life NOTE: Depraved-heart murder is usually considered second- or
third-degree murder.
felony murder
: a murder that occurs in the commission of a serious felony
(as burglary or sexual battery) compare misdemeanor-manslaughter at
manslaughter NOTE: Felony murder
is usually considered first-degree murder. Felony murder does not require
specific intent to kill, and an accessory to the felony may also be charged with
the murder.
first-degree murder
: a murder that is committed with premeditation or during the
course of a serious felony (as kidnapping) or that otherwise (as because of
extreme cruelty) requires the most serious punishment under the law
second-degree murder
: a murder that is committed without premeditation but with
some intent (as general or transferred intent) or other circumstances not
covered by the first-degree murder statute
third-degree murder
: a murder that is not first- or second-degree murder: as
a : a murder committed in the perpetration of
a felony not listed in the first-degree murder statute
b :
depraved-heart murder in
this entry
vt : to kill (a human being) unlawfully and under circumstances
constituting murder
vi
: to commit murder
Source: Merriam-Webster's Dictionary of Law ©1996. Merriam-Webster, Incorporated. Published under license with Merriam-Webster, Incorporated.
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