Definition of Murder

Title: Definition of a Murder

Learner’s name

Affiliated Institute

Introduction

The definition of murder and hat can be termed as a murder case has varied across nations/ states. However, there have been commonalities across the definitions of murder in all those states, with a view that there is a death and a person considered responsible for the death. In many Australian Jurisdictions, there exist some statutory definitions for murder, but in areas such as Victoria and South Australia, the definition of what can be considered a murder is left to the common law (Lanham, D., 2006).

        One of the standard definitions of murder is that; murder refers to when a person of sound mind and whose age is considered to be within responsibility brackets, unlawfully kills any reasonable creature, with malice afterthought, by either party’s expression or implied by the law that the party was responsible for the death, after inflicting an injury, wounded etc., to the victim who consequently died within a period of one year and one day (Lanham, D., 2006, pg. 149).

Which are the categories of murder?

Murder is usually categorized based on the relationship between the involved individuals as well as how the state in which the murder occurred defines murder. The main categories under which murder is categorized are based on “Degree.” The state laws use the term degree, to outline the situation under which the death occurred. The categories are for this reason defined as either; (i) First-degree murder or (II) second-degree murder (Attoneys.com). The determination of the category under which a murder case lies is based on the circumstances that surround the death.

The first-degree murder category is reserved for severe cases of murder in which the action that led to death were planned. In the first-degree order murder case, the accused is considered to have intended to kill the victim before the actual steps that resulted in the killing. A good example of a first-degree murder case is the Charles Manson murder case, in which the judge determined that he had commanded his group to execute mass killing (crimelibrary.com).

On the other hand, second-degree murder involves the execution in which it cannot be proven beyond reasonable doubt that the murder was planned (Attoneys.com). In this case, the killing bears lighter weight than those under first-degree order. In some states, there exist more categories such as voluntary manslaughter and involuntary manslaughter.

Murder law in Alaska

The Alaska statute outlines two categories of murder case:-

1. First-Degree murder (Section 11.41.100)

2. Second-degree murder (Section 11.41.110)

The Alaska statute points that, a murder case is categorized under first-degree order if the it is proven beyond reasonable doubt that there were intentions by the accused, to kill. The statute in (section 11.41.100) further outlines the scenarios under which the first-degree murder can occur, with the defendant acting alone or in a group.

The Alaska statute under the second-degree order murder category states that; a murder case is categorized under this category if the accused unintentionally killed. The law outlines one of the possible intentions of the defendant would have been to cause serious harm to the victim, but it consequently resulted in a death. The statute explains that the conduct of the killer does not amount to sufficient ground to be regarded as a first-degree order, as defined in section 11.41.100, mainly due to lack of intention or planning.

References

Alaska Stat. § 11.41.100. : Alaska Statutes - Section 11.41.100.: Murder in the first degree.         (n.d.). Retrieved February 5, 2015, from         http://codes.lp.findlaw.com/akstatutes/11/11.41./01./11.41.100.

Alaska Statutes: AS 11.41.100. Murder in the First Degree. (n.d.). Retrieved February 5, 2015,         from http://touchngo.com/lglcntr/akstats/Statutes/Title11/Chapter41/Section100.htm

Attoneys.com. What Are The Different Types Of Homicide? (n.d.). Retrieved February 5, 2015,         from http://www.attorneys.com/homicide/what-are-the-different-types-of-homicide/