Steven Briggs - Criminology For Dummies

Instead of just using the word murder, some states refer to an intentional killing as first-degree murder. Those states use the term second-degree murder to describe a murder in which the killer didn’t intend the death but nonetheless exhibited behavior that demonstrated “extreme indifference to human life” or “wanton disregard” for the life of the victim. For example, a gang member who drove by the home of a rival gang member and fired a shot into the home that killed someone may be convicted of second-degree murder because he manifested extreme indifference to human life.

In the states that have laws ascribing degrees to the different types of murder, first-degree murder is the most serious and receives the most serious sentence. Generally, a person who commits first-degree murder receives 25 years to life in prison. Second-degree murder (also called manslaughter in some states) can net a prison sentence of 10 to 25 years.

In many states, if a death occurs during the commission of a serious felony (such as a robbery or a kidnapping), all participants in that felony can be charged with murder, hence the term felony murder.

For example, a crew decides to rob a bank. During the course of the robbery, one of the robbers shoots and kills a bank guard. Under a felony murder statute, the driver of the getaway car — who never even set foot inside the bank — can also be charged with felony murder.

The sentence for a felony murder conviction is usually similar to the sentence for the murder if actually committed by the person. So you could have felony murder in the 2nd degree or 1st degree.

The most serious type of murder is that which can be punished by a death sentence. Because the death sentence is also known as capital punishment, this type of murder is sometimes called capital murder. Although most industrialized nations have abolished capital punishment, the United States government and the U.S. military have not. In addition, 28 states still allow for some form of capital punishment and 3 more have issued moratoriums on further executions.

For the federal government and for the 28 states that still allow the death penalty, the U.S. Supreme Court has significantly limited the cases in which someone can be sentenced to death. Most importantly, there must be “aggravating circumstances” above and beyond the murder itself. In other words, there must be additional factors that make the murder worse than just an intentional killing. Some common aggravating circumstances include the following:

More than one person was murdered.

The person murdered was a child.

The murder took place during the course of another serious felony being committed. (Unlike felony murder, only the killer who personally committed the murder can be charged with capital murder.)

The victim was tortured before the murder.

The person murdered was a government official, a police officer, or a witness in a criminal or civil trial.

In addition to requiring aggravating circumstances, many states also require the prosecutor to show deliberation by the defendant — meaning that he thought about his actions before committing them. Many states also require the prosecutor to prove there’s a likelihood that the killer will commit future acts of violence.

U.S. Supreme Court rulings have required that during a capital murder trial, the defendant be given the chance to present evidence to persuade the jury that he should not be sentenced to death. Such evidence can include the following:

Proof that he was raised by negligent parents

Proof that he has no previous history of violence

Proof of the positive contributions he has made to society

Adults who are legally insane (see Chapter 20for more on this term) or mentally retarded aren’t eligible for a death sentence. People under the age of 18 can’t receive the death sentence, either. For a detailed discussion of the death penalty, turn to Chapter 21.

Manslaughter refers to the non-intentional killing of another person, but the killer still has some moral responsibility for the death. For example, a severely intoxicated driver who runs a red light while talking on his cellphone probably doesn’t intend to crash his car and kill his passenger. But the state can still call his conduct reckless, which justifies a manslaughter charge. (See Chapter 2for an explanation of the difference between intentional and reckless conduct.)

Often in a homicide in which the intent to kill is difficult to prove, prosecutors choose to negotiate a guilty plea to a charge of manslaughter. A sentence for manslaughter typically ranges from 1 to 15 years.

As you may have guessed, manslaughter appears very similar to second-degree murder. In fact, they’re essentially the same. Some states have first- and second-degree murder, and some states have murder and manslaughter.

In criminal law, a person who engages in negligent conduct is considered less responsible than someone who is reckless. (In case you ever want to go to law school, know that conduct is negligent if the actor should’ve been aware of a substantial risk of doing harm. Conduct is reckless if the actor was aware of the substantial risk of doing harm but chose to engage in the activity anyway.) However, in some states, even negligently causing someone’s death can result in a charge of negligent homicide. For example, an intoxicated driver who is not talking on his cellphone and who does not run a red light can still be charged with negligent homicide if he crashes his car and kills his passenger.

A sentence for negligent homicide may range from probation to five years in prison.

Technically, suicide isn’t a homicide because it doesn’t involve the killing of another human being. However, in many countries (such as India), attempted suicide is a crime. (I’m not aware of any states in the United States that punish attempted suicide.)

In the United States, helping another person commit suicide — an act known as euthanasia — can be punished as homicide. Most famously, Dr. Jack Kevorkian, who claimed to have assisted 130 people in committing suicide, was convicted of second-degree murder in Michigan and served eight years in prison before being paroled in 2007.

As of this writing, nine states and the District of Columbia have legalized physician-assisted suicide. Oregon was the first state, passing its law in 1997, allowing Oregon citizens with terminal medical conditions to get prescriptions from their doctors for self-administered, lethal doses of “medication.”

Although the words assault and battery are often used interchangeably, in many states, they mean two different things:

Battery: This crime requires actual physical contact that is offensive in some way.

Assault: This crime typically refers to just a threat of battery, or an attempted battery, without actual physical contact. However, in states that don’t use the word “battery,” an assault may mean actual physical contact that’s offensive or causes injury. In other words, in those states, assault is the same thing as battery.