• • • Murder is the unlawful killing of another without or valid, especially the unlawful killing of another human being with. This state of mind may, depending upon the, distinguish murder from other forms of unlawful, such as. Is a killing committed in the absence of malice, brought about by reasonable, or., where it is recognized, is a killing that lacks all but the most attenuated, recklessness. Most societies consider murder to be an extremely serious crime, and thus believe that the person charged should receive harsh punishments for the purposes of,,,.

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In most countries, a person convicted of murder generally faces a long-term prison sentence, possibly a; and in a few, the may be imposed. •, • Intent to inflict short of death, • Reckless indifference to an unjustifiably high risk to human life (sometimes described as an 'abandoned and malignant heart'), or • Intent to commit a dangerous (the ' doctrine).

Under state of mind (i), intent to kill, the deadly weapon rule applies. Thus, if the defendant intentionally uses a or instrument against the victim, such use authorizes a permissive inference of intent to kill. In other words, '.' Examples of deadly weapons and instruments include but are not limited to guns, knives, deadly toxins or chemicals or gases and even vehicles when intentionally used to harm one or more victims. Under state of mind (iii), an 'abandoned and malignant heart', the killing must result from the defendant's conduct involving a reckless indifference to human life and a conscious disregard of an unreasonable risk of death or serious bodily injury. An example of this is a 2007 law in where an individual could be convicted of third-degree murder if he or she kills another person while of alcohol, drugs,. In Australian jurisdictions, the unreasonable risk must amount to a foreseen probability of death (or grievous bodily harm in most states), as opposed to possibility.

Under state of mind (iv), the felony-murder doctrine, the felony committed must be an inherently dangerous felony, such as burglary, arson, rape, robbery or kidnapping. Importantly, the underlying felony cannot be a such as assault, otherwise all criminal homicides would be murder as all are felonies. As with most legal terms, the precise definition of murder varies between jurisdictions and is usually codified in some form of legislation. Even when the legal distinction between murder and manslaughter is clear, it is not unknown for a jury to find a murder defendant guilty of the lesser offence. The jury might sympathise with the defendant (e.g. In a, or in the case of a bullied victim who kills their tormentor), and the jury may wish to protect the defendant from a sentence of life imprisonment or execution. Degrees of murder.

'Murder in the second degree' redirects here. For the 2016 album, see.

Many jurisdictions divide murder by degrees. The distinction between first- and second-degree murder exists, for example, in and third-degree murder is recognized in and. The most common division is between first- and second-degree murder.

Generally, second-degree murder is common law murder, and first-degree is an aggravated form. The aggravating factors of first-degree murder depend on the jurisdiction, but may include a specific intent to kill, premeditation, or deliberation.