Last Updated on: 27th July 2023, 06:33 pm

Module Three: Understanding Violent Crimes

When we hear the term “violent crimes,” we may think of a broad range of criminal activities. However, this category typically includes murder, manslaughter, rape, arson, and assault. These crimes are distinguishable by the use of force or the threat of force against another person. The most severe type of violent crime is homicide, which is the killing of a human being. Homicides can be either intentional or unintentional, and the legal system establishes different degrees of culpability based on the perpetrator’s intent and other relevant factors.

What is Murder?

Murder is defined as the killing of another human being with sufficient intent. The level of intent determines the degree of the crime’s seriousness. Each state defines murder according to its jurisdiction. For instance, in Georgia, murder is defined as “unlawfully and with malice aforethought, either express or implied, causing the death of another human being.” On the other hand, Kentucky leaves out the term “malice aforethought” and states that a person is guilty of murder when they cause the death of another person with the intent to do so.

What is Malice Aforethought?

Under the common law, “malice aforethought” is the state of mind required for a murder conviction. However, not every state retains this language. Malice aforethought under the common law means any one of four states of mind:

1. Intent to kill
2. Intent to inflict serious bodily injury (and death results)
3. Intent to commit a felony (and death results)
4. Conduct that shows a “depraved indifference to human life” from which death results.

An Example of Malice Aforethought

Consider the Georgia case of Stephens v. State. In this case, the defendant lived with her aunt, who showed signs of physical abuse. One evening, neighbors heard screams and sounds of a struggle coming from the home. Shortly after, emergency technicians arrived and found the aunt dead. The medical examiner concluded that the aunt’s injuries were caused by beatings and abuses over a period of time. Although intent to kill could not be established, the pattern of abuse and injuries was sufficient to show “malice aforethought.”

Degrees of Murder

States typically classify murder by degrees, with first-degree and second-degree murder being the most common. First-degree murder may be defined by premeditation or additional aggravating circumstances beyond “ordinary” murder. For example, in Colorado, a person commits first-degree murder if they cause the death of a person other than themselves after deliberation and with the intent to do so. Second-degree murder is any other incident of “knowingly” causing the death of a person.

In some states, the difference between first- and second-degree murder is whether the defendant pre-planned the murder. The circumstances may also determine the degree of murder. In New York, for instance, “ordinary” intent-to-kill murder is second-degree murder, while first-degree requires some form of aggravating circumstance. This could include the victim being an on-duty police officer, peace officer, firefighter, or any one of a number of enumerated “aggravating” circumstances.

Understanding the Different Forms of Murder

The “depraved indifference” standard under the common law allows a person to be convicted of murder without the intent to kill. This was exemplified in the Pennsylvania case of Commonwealth v. Malone. In this case, a person was convicted of second-degree murder when a (modified) game of “Russian roulette” resulted in the death of one of the participants. The shooter was convicted despite having no intent to kill.

The “felony-murder” rule is a common law doctrine that holds a person criminally liable for murder if a death results from the commission of a felony,