Murder is the unlawful killing of another person, usually with malice aforethought. It is one of the most serious crimes and convictions can lead to lengthy prison sentences, or even life imprisonment without the possibility of parole in extreme cases. Murder is usually charged as a capital offence (death penalty). Some jurisdictions divide murder into degrees, such as first-degree, second-degree, or felony murder. These differences typically reflect the degree of intent and premeditation involved in a particular case.
Whether a killing is classified as murder or another lesser unlawful homicide charge has profound implications for anyone involved in criminal proceedings, including defendants, legal professionals, and the general public. It determines the penalties a suspect faces and also helps to inform the public about the seriousness of certain crimes and how they are prosecuted.
Prosecutors need to prove premeditation before they can secure a murder conviction. Premeditation involves a consideration of the consequences and a decision to carry out the killing. This can be shown by actions indicating that the perpetrator planned the killing ahead of time and weighed their options.
However, there are some circumstances where a defence can be raised that reduces the guilty finding to manslaughter rather than murder. These include diminished responsibility, loss of control and killing in pursuance of a suicide pact. In England and Wales, Schedule 21 paragraph 10(f) of the Sentencing Act 2020 recognises that these are mitigating factors when determining the appropriate minimum term for a murder sentence.