Criminal Law

Murder

Definition

Murder is the unlawful killing of another human being with malice aforethought. At common law, malice aforethought includes intent to kill, intent to inflict serious bodily harm, depraved-heart murder (extreme recklessness showing indifference to human life), and felony murder (a killing during the commission of a dangerous felony). The Model Penal Code classifies murder as a killing committed purposely or knowingly, or recklessly under circumstances manifesting extreme indifference to the value of human life.

Example

A defendant plays Russian roulette with an unwilling participant who dies. The extreme recklessness constitutes depraved-heart murder even without an intent to kill.

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