Organized Crime In The New Millennium

Degrees of Murder
"Murder in the second degree" redirects here. For the 2016 album, see Murder in the
Second Degree.
Many jurisdictions divide murder by degrees. The distinction between first- and seconddegree
murder exists, for example, in Canadian murder law and U.S. murder law.
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. In some, murder
committed by acts such as strangulation, poisoning, or lying in wait are also treated as
first-degree murder. A few states in the U.S. further distinguish third-degree murder, but
they differ significantly in which kinds of murders they classify as second-degree versus
third-degree. For example, Minnesota defines third-degree murder as depraved-heart
murder, whereas Florida defines third-degree murder as felony murder (except when
the underlying felony is specifically listed in the definition of first-degree murder).
Some jurisdictions also distinguish premeditated murder. This is the crime of wrongfully
and intentionally causing the death of another human being (also known as murder)
after rationally considering the timing or method of doing so, in order to either increase
the likelihood of success, or to evade detection or apprehension. State laws in the
United States vary as to definitions of "premeditation". In some states, premeditation
may be construed as taking place mere seconds before the murder. Premeditated
murder is one of the most serious forms of homicide, and is punished more severely
than manslaughter or other types of murder, often with a life sentence without the
possibility of parole, or in some countries, the death penalty. In the U.S, federal law (18
U.S.C. § 1111(a)) criminalizes premeditated murder, felony murder and second-degree
murder committed under situations where federal jurisdiction applies. In Canada, the
Criminal Code classifies murder as either 1st- or 2nd-degree. The former type of murder
is often called premeditated murder, although premeditation is not the only way murder
can be classified as first-degree.
Common Law
According to Blackstone, English common law identified murder as a public wrong.
According to common law, murder is considered to be malum in se, that is an act which
is evil within itself. An act such as murder is wrong or evil by its very nature. And it is the
very nature of the act which does not require any specific detailing or definition in the
law to consider murder a crime.
Some jurisdictions still take a common law view of murder. In such jurisdictions, what is
considered to be murder is defined by precedent case law or previous decisions of the
courts of law. However, although the common law is by nature flexible and adaptable, in
the interests both of certainty and of securing convictions, most common law
Page 204 of 372