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Federal - Murder (Homicide)

Murder is the unlawful taking of another human life with malice aforethought (intent). In many cases murder is also the charge associated with the killing of another person during the commission of another felony.

Title 18 of the United States Code 1111 defines the crime of murder in the first degree as follows :

  1. Murder is the unlawful killing of a human being with malice aforethought. Every murder perpetrated by poison, lying in wait, or any other kind of willful, deliberate, malicious, and premeditated killing; or committed in the perpetration of, or attempt to perpetrate, any arson, escape, murder, kidnapping, treason, espionage, sabotage, aggravated sexual abuse or sexual abuse, child abuse, burglary, or robbery; or perpetrated as part of a pattern or practice of assault or torture against a child or children; or perpetrated from a premeditated design unlawfully and maliciously to effect the death of any human being other than him who is killed, is murder in the first degree. Any other murder is murder in the second degree.
  2. Within the special maritime and territorial jurisdiction of the United States, Whoever is guilty of murder in the first degree shall be punished by death or by imprisonment for life; Whoever is guilty of murder in the second degree, shall be imprisoned for any term of years or for life.
  3. For purposes of this section -
    1. the term "assault" has the same meaning as given that term in 113;
    2. the term "child" means a person who has not attained the age of 18 years and is :
      1. under the perpetrator's care or control; or
      2. at least six years younger than the perpetrator;
    3. the term "child abuse" means intentionally or knowingly causing death or serious bodily injury to a child;
    4. the term "pattern or practice of assault or torture" means assault or torture engaged in on at least two occasions;
    5. the term "serious bodily injury" has the meaning set forth in 1365; and
    6. the term "torture" means conduct, whether or not committed under the color of law, that otherwise satisfies the definition set forth in 2340(1).

Title 18 of the United States Code in 1112 defines the crime of manslaughter as follows :

  1. Manslaughter is the unlawful killing of a human being without malice. It is of two kinds : Voluntary--Upon a sudden quarrel or heat of passion. Involuntary--In the commission of an unlawful act not amounting to a felony, or in the commission in an unlawful manner, or without due caution and circumspection, of a lawful act which might produce death.
  2. Within the special maritime and territorial jurisdiction of the United States, whoever is guilty of voluntary manslaughter, shall be fined under this title or imprisoned not more than 15 years, or both;

Whoever is guilty of involuntary manslaughter, shall be fined under this title or imprisoned not more than 8 years, or both.

Title 18 of the United States Code 1113 defines the crime of attempt to commit murder and states :

Except as provided in 113 of this title, whoever, within the special maritime and territorial jurisdiction of the United States, attempts to commit murder or manslaughter, shall, for an attempt to commit murder be imprisoned not more than twenty years or fined under this title, or both, and for an attempt to commit manslaughter be imprisoned not more than seven years or fined under this title, or both.

Title 18 of the United States Code 1115 defines the federal crime of misconduct or neglect of ship officers as follows :

Every captain, engineer, pilot, or other person employed on any steamboat or vessel, by whose misconduct, negligence, or inattention to his duties on such vessel the life of any person is destroyed, and every owner, charterer, inspector, or other public officer, through whose fraud, neglect, connivance, misconduct, or violation of law the life of any person is destroyed, shall be fined under this title or imprisoned not more than ten years, or both. When the owner or charterer of any steamboat or vessel is a corporation, any executive officer of such corporation, for the time being actually charged with the control and management of the operation, equipment, or navigation of such steamboat or vessel, who has knowingly and willfully caused or allowed such fraud, neglect, connivance, misconduct, or violation of law, by which the life of any person is destroyed, shall be fined under this title or imprisoned not more than ten years, or both.

Title 18 of the United States Code defines the crime of conspiracy to murder as follows in 1117 :

If two or more persons conspire to violate 1111, 1114, 1116, or 1119 of this title, and one or more of such persons do any overt act to effect the object of the conspiracy, each shall be punishable by imprisonment for any term of year or for life.

Title 18 of the United States Code 1116 defines the crime of murder or manslaughter of foreign officials, official guests, or intentionally protected persons and states :

  1. Whoever kills or attempts to kill a foreign official, official guest, or intentionally protected person shall be punished as provided under 1111, 1112, and 1113 of this title.
  2. For the purposes of this section
    1. "Family" includes (a) a spouse, parent, brother or sister, child, or person to whom the foreign official or internationally protected person stands in loco parentis, or (b) any other person living in his household and related to the foreign official or internationally protected person by blood or marriage.
    2. "Foreign government" means the government of a foreign country, irrespective of recognition by the United States.
    3. "Foreign official" means-
      1. a Chief of State or the political equivalent, President, Vice President, Prime Minister, Ambassador, Foreign Minister, or other officer of Cabinet rank or above of a foreign government or the chief executive officer of an international organization, or any person who has previously served in such capacity, and any member of his family, while in the United States; and
      2. any person of a foreign nationality who is duly notified to the United States as an officer or employee of a foreign government or international organization, and who is in the United States on official business, and any member of his family whose presence in the United States is in connection with the presence of such officer or employee.
    4. "Intentionally protected person" means -
      1. a Chief of State or the political equivalent, head of government, or Foreign Minister whenever such person is in a country other than his own and any member of his family accompanying him; or
      2. any other representative, officer, employee, or agent of the United States Government, a foreign government, or international organization who at the time and place concerned is entitled pursuant to international law to special protection against attack upon his person, freedom, or dignity, and any member of his family then forming part of his household.
    5. "International organization" means a public international organization designated as pursuant to section 1 of the International Organizations Immunities Act (22 U.S.C. 288) or a public organization created pursuant to treaty or other agreement under international law as an instrument through or by which two or more foreign governments engage in some aspect of their conduct of international affairs.
    6. "Official guest" means a citizen or national of a foreign country present in the United States as an official guest of the Government of the United States pursuant to designation as such by the Secretary of State.
    7. "National of the United States" has the meaning prescribed in 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).
  3. If the victim of an offense under subsection (a) is an internationally protected person outside the United States, the United States may exercise jurisdiction over the offense if (1) the victim is a representative, officer, employee, or agent of the United States, (2) an offender is a national of the United States, or (3) an offender is afterwards found in the United States. As used in this subsection, the United States includes all areas under the jurisdiction of the United States including any of the places within the provisions of 5 and 7 of this title and 46501(2) of title 49.
  4. In the course of enforcement of this section and any other sections prohibiting a conspiracy or attempt to violate this section, the Attorney General may request assistance from any Federal, State, or local agency, including the Army, Navy, and Air Force, any statute, rule, or regulation to the contrary notwithstanding.

Title 18 of the United States Code 1118 defines the crime of murder by a federal prisoner as follows :

  1. Offense.--A person who, while confined in a Federal correctional institution under a sentence for a term of life imprisonment, commits the murder of another shall be punished by death or by life imprisonment.
  2. Definitions.-In this section -
    1. "murder" means a first degree or second degree murder (as defined in 1111).
    2. "term of life imprisonment" means a sentence for the term of natural life, a sentence commuted to natural life, an indeterminate term of a minimum of at least fifteen years and a maximum of life, or an unexecuted sentence of death.

Title 18 of the United States Code 1119 addresses the crime of murder in a foreign country of United States nationals and states :

  1. Definition.- In this section, "national of the United States has the meaning stated in 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).
  2. Offense.-- A person who, being a national of the United States, kills or attempts to kill a national of the United States while such national is outside the United States but within the jurisdiction of another country shall be punished as provided under 1111, 1112, and 1113.
  3. Limitations on prosecution.-
    1. No prosecution may be instituted against any person under this section except upon the written approval of the Attorney General, the Deputy Attorney General, or an Assistant Attorney General, which function of approving prosecutions may not be delegated. No prosecution shall be approved if prosecution has been previously undertaken by a foreign country for the same conduct.??
    2. No prosecution shall be approved under this section unless the Attorney General, in consultation with the Secretary of State, determines that the conduct took place in a country in which the person is no longer present, and the country lacks the ability to lawfully secure the person's return. A determination by the Attorney General under this paragraph is not subject to judicial review.

Title 18 of the United States Code in 1120 defines the specific crime of murder by an escaped prisoner and reads as follows :

  1. Definition.-In this section, "Federal correctional institution" and "term of life imprisonment" have the meanings stated in 1118.
  2. Offense and penalty.- A person, having escaped from a Federal correctional institution where the person was confined under a sentence for a term of life imprisonment, kills another shall be punished as provided in 1111 and 1112.

Title 18 of the United States Code 1121 specifically addresses the killing of persons aiding Federal investigations or State correctional officers and states :

  1. Whoever intentionally kills -
    1. a State or local official, law enforcement officer, or other officer or employee while working with Federal law enforcement officials in furtherance of a Federal criminal investigation-
      1. while the victim is engaged in the performance of official duties;
      2. because of the performance of the victim's official duties;
      3. because of the victim's status as a public servant; or
    2. any person assisting a Federal investigation, while that assistance is being rendered and because of it, shall be sentences according to the terms of 1111, including by sentence of death or by imprisonment for life
    1. Whoever, in a circumstance described in paragraph (3) of this subsection, while incarcerated, intentionally kills any State correctional officer engaged in, or on account of the performance of such officer's official duties, shall be sentenced to a term of imprisonment which shall not be less than 20 years, and may be sentenced to life imprisonment or death.
    2. As used in this section, the term, "State correctional officer" includes any officer or employee of any prison, jail, or other detention facility, operated by, or under contract to, either a State or local governmental agency, whose job responsibilities include providing for the custody of incarcerated individuals.
    3. The circumstances referred to in paragraph (1) is that -
      1. the correctional officer is engaged in transporting the incarcerated person interstate; or
      2. the incarcerated person is incarcerated pursuant to a conviction for an offense against the United States.
  3. For the purposes of this section, the term "State" means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

As per Federal Jury Instruction 45.03 in order for the government to sustain its burden of proof to convict a person of murder in the first degree it must prove beyond a reasonable doubt the following :

One: Defendant killed , (the person named in the indictment) a human being;

Two: Defendant killed (the person named in the indictment) with malice aforethought;

Three: The killing of (the person named in the indictment) was premeditated by the defendant, and;

Four: Defendant killed (the person named in the indictment)[at ] [within the special maritime or territorial jurisdiction of the United States].

Federal Jury Instruction 45.06 states that in order to convict a person of second degree murder the government must prove beyond a reasonable doubt the following :

One: Defendant killed (the person named in the indictment), a human being;

Two: Defendant killed (the person named in the indictment) with malice aforethought; and

Three: Defendant killed (the person named in the indictment)[at ] [within the special maritime or territorial jurisdiction of the United States].

Federal Jury Instruction 45.09 lays out the essential requires that must be proved by the government in order to convict a person of voluntary manslaughter as follows :

One: Defendant killed (the person named in the indictment), a human being;

Two: The killing was unlawful;

Three: Defendant acted [upon a sudden quarrel] [in the heat of passion]; and

Four: Defendant killed (the person named in the indictment)[at ] [within the special maritime or territorial jurisdiction of the United States].

To convict a person of involuntary manslaughter Federal Jury Instruction states that the government must prove beyond a reasonable the following :

One: (the person named in the indictment) was killed as a result of an act done by Defendant during the commission of [an unlawful act not amounting to a felony] [a lawful act, done either in an unlawful manner or without due caution, which might produce death];

Two: Defendant [knew that such conduct was a threat to the live(s) of [another] [others]] [knew of circumstances that would reasonably cause the defendant to foresee that such conduct might be a threat to the lives of others]; and

Three: Defendant killed (the person named in the indictment)[at ] [within the special maritime or territorial jurisdiction of the United States].

To convict a person of felony murder, Federal Jury Instruction 45.15 states that the government must prove beyond a reasonable doubt the following :

One: Defendant killed (the person named in the indictment);

Two: Defendant killed (the person named in the indictment) with malice aforethought;

Three: The killing of (the person named in the indictment) was committed [in the perpetration of] [in an attempt to perpetrate] any [arson] [escape] [murder] [kidnapping] [treason] [espionage] [sabotage] [aggravated sexual abuse] [sexual abuse] [burglary] [robbery]; and

Four: Defendant killed (the person named in the indictment)[at ] [within the special maritime or territorial jurisdiction of the United States].

Federal Jury Instruction 45.16 defines "malice aforethought" as :

As used in these instructions, the term "malice aforethought" means either to kill another person deliberately and intentionally or to act with callous and wanton disregard for human life.

Federal Jury Instruction 45.17 defines "premeditation" as :

As used in these instructions, the word "premeditation" means with planning or deliberation. The passage of time is a factor which you may consider in attempting to determine if a defendant acted with "premeditation." The amount of time needed for premeditation of a killing can depend on the person and the circumstances. The time must be long enough after forming the intent to kill, however, for the killer to have been fully conscious of the intent and to have considered the killing.

Federal Jury Instruction 45.18 addresses the rules applicable to a defendant charged with any degree of murder as well as a lesser related offense and states as follows :

The law permits the jury to determine whether the government has proven the guilt of a defendant for any [less serious] [other] offense which is, by its very nature, necessarily included in the crime of that is charged in Count of the indictment.

If the jury should unanimously find that the government has proven each of the essential elements of the offense of that is charged in Count of the indictment beyond a reasonable doubt, the foreperson should write "guilty" in the space provided and the jury's consideration of that count [for that defendant] is concluded. If the jury should determine unanimously that the government has not proven each element of the offense of that is charged in Count of the indictment beyond a reasonable doubt, the foreperson should write "not guilty" in the space provided and the jury should then consider the guilt or innocence of Defendant for the [less serious] [other] offense necessarily included in the offense of charged in Count of the indictment.

If, after reasonable efforts have been unsuccessful, the jury is unable to reach a verdict as to whether or not the government has proven each element of the offense charged in Count of the indictment, the jury should then consider whether Defendant is guilty or not guilty of the [less serious] [other] crime of which is necessarily included in the offense of charged in Count of the indictment.

Federal Jury Instruction 45.19 defines self-defense as it relates to the crimes discussed in this section and reads as follows :

Defendant has offered evidence of that [he] [she] was acting in self-defense.

Use of force is justified when a person reasonably believes that it is necessary for the defense of oneself or another against the immediate use of unlawful force. A person acting in self defense, however, must use no more force that appears reasonably necessary under all of the circumstances.

Force likely to cause death or great bodily harm is justified in self-defense only if a person reasonably believes that such force is necessary in order to prevent death or great bodily harm.

The government must prove beyond a reasonable doubt that Defendant did not act in self defense as described in this instruction.