The Crime of Murder

The Crime of Murder

The Crime of Murder Murder is known throughout the world as the killing of another person. The term “murder” and the definition can be traced back to pre-roman days. By today’s law and statues, the legal definition of murder is more complex than simply the killing of another human being. Murder has two distinct categories and various requisites that the crime needs to fit to make it an “official” murder. Although these two categories have many similarities, they differ in many ways that few people fully understand. Definition and Classifications of Murder Merriam Webster Dictionary defines murder as “the unlawful and premeditated killing of another human being.” According to the California Penal Code 2003 Edition Section 187, “Murder is the unlawful killing of a human being, or a fetus, with malice aforethought.” Section 187 does not apply to those individuals who: “› Act according to the Therapeutic Abortion Act. “› Are a board certified physician or surgeon and could articulate, with a strong medical certainty, that the mother would die because of childbirth. “› The act was solicited, aided, abetted, or consented to by the mother of the fetus. Murder has two distinct sub-categories that every murder is classified as. They are first degree murder and second degree murder. First degree murder has a detailed list of pre-requisites that the crime must meet for it to be classified as first degree. If the crime fails to meet either one of the requisites, then it is classified as second degree murder. Requisites of First Degree Murder The Penal Code definition of first degree murder is very specific as to which crimes are first degree murder cases. The Penal Code is also very specific as to how a crime qualifies as first degree murder. To qualify as first degree murder, the crime must have both premeditation and expressed malice. Premeditation is defined as “thought and intention to commit a crime wel…


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