Murder is the unlawful killing of a human being either with malice or in the commission or attempted commission of certain felonies. Murder committed with either deliberate premeditation and malice, extreme atrocity or in the commission of a felony is murder in the first degree. Murder committed in the commission or attempted commission of a felony punishable by a maximum sentence of imprisonment for life is murder in the first degree.
Murder: Deliberate Premeditation
In order to find a defendant guilty of first degree murder with deliberate premeditation, the Commonwealth must prove three elements beyond a reasonable doubt:
- Element 1: An Unlawful Killing
- An unlawful killing is a killing done without excuse. Not all killings are unlawful. A killing may be excused, for example, in the case of self-defense, defense of another or, in some cases, accident. The burden of proof is on the Commonwealth to prove beyond a reasonable doubt that the defendant unlawfully killed the deceased.
- Element 2: Malice
- Malice, as it applies to deliberately premeditated murder, means an intent to cause death. The Commonwealth must prove that the defendant actually intended to cause the death of the deceased.
- Element 3: Deliberate Premeditation
- The Commonwealth must prove that the defendant thought before they acted; that is, the defendant decided to kill after deliberation. Deliberation may be a matter of days, hours or even seconds. It is not so much a matter of time as of logical sequence. First, the deliberation and premeditation, then the decision to kill, and lastly, the killing in furtherance of the decision.
Murder: Extreme Atrocity or Cruelty
In order to prove the defendant guilty of first degree murder committed with extreme atrocity or cruelty, the Commonwealth must prove three elements beyond a reasonable doubt:
- Element 1: An Unlawful Killing
- The first element the Commonwealth must prove is that the defendant committed an unlawful killing.
- Element 2: Malice
- Malice, as it applies to deliberately premeditated murder, means an intent to cause death. The Commonwealth must prove that the defendant actually intended to cause the death of the deceased.
- Element 3: Extreme Atrocity or Cruelty
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Extreme cruelty means that the defendant caused the person's death by a method that surpassed the cruelty inherent in any taking of a human life. Extreme atrocity means an act that is extremely wicked or brutal, appalling, horrifying or utterly revolting. In deciding whether the Commonwealth has proved beyond a reasonable doubt that a defendant caused the death of the deceased with extreme atrocity or cruelty, a jury must consider following factors:
- Whether the defendant was indifferent to or took pleasure in the suffering of the deceased.
- The consciousness and degree of suffering of the deceased.
- The extent of the injuries to the deceased.
- The number of blows delivered.
- The manner, degree and severity of the force used.
- The nature of the weapon, instrument or method used.
- Whether the means used were excessive and out of proportion to what would be needed to kill a person.
Murder: Felony Murder in the First Degree
In order to prove the defendant guilty of first degree felony murder, the Commonwealth must prove the following three elements beyond a reasonable doubt:
- Element 1: Felony - Life Imprisonment
- A murder was commited a felony with a maximum sentence of life imprisonment. The first element the Commonwealth must prove beyond a reasonable doubt is that the defendant committed or attempted to commit a felony with a maximum sentence of imprisonment for life.
- Element 2: Commission of the Felony
- A killing occurred while the defendant was committing or attempting to commit the felony. The Commonwealth must prove beyond a reasonable doubt that the killing occurred in connection with the felony and at substantially the same time and place.
- Element 3: Conscious Disregard for Human Life
- The felony must have occurred in a way known by the defendant to be dangerous to life or likely to cause death. The first degree felony-murder rule is applicable only if a jury finds from the circumstances of the felony that the defendant consciously disregarded the risk to human life.