First-degree murder involves intentional and premeditated killing, or homicide during a violent crime. Manslaughter is accidental. Planning distinguishes first-degree from other degrees of murder, and felony homicide rules allow charging for homicides committed during violent crimes. Successful prosecution requires proving the defendant committed the murder with planning.
When someone intentionally commits murder and premeditation is involved, they may be charged with first-degree murder. In many nations, a felony homicide rule also allows people to be charged with this crime when a homicide is committed during the commission of a violent crime, whether the homicide was premeditated or not. Many people consider this form of murder to be the worst, as it suggests an extreme lack of regard for human life.
Most countries distinguish between homicide in all its degrees and manslaughter. A manslaughter is intentional homicide, where someone makes a conscious choice to kill someone else, while manslaughter is accidental homicide. For example, someone who plans and uses a car to kill someone could be charged with first-degree murder, while a driver who accidentally runs over a cyclist could be charged with manslaughter. Both acts carry penalties, but the penalty for murder is much more severe.
Premeditation distinguishes the first degree from other degrees of murder, because it implies that the killer was not acting out of haste or violent rage, but from a place of cold, calculating toughness. The act of planning the death of another human being is seen as heinous in many cultures. The plans can range from ill-conceived plans for revenge to complex and sometimes gruesome plans to commit murder and get away with it.
In countries with a felony homicide rule, someone can be charged with first degree murder if the murder is committed during the commission of a crime such as arson, rape or robbery. Many nations also charge terrorists with first-degree murder if people are killed during an act of terrorism, such as a bombing or hijacking, or during suspected terrorist activity, such as making explosives. Contract killings are also classified under this charge. Also, the killing of a peace officer can result in prosecution, whether the act was planned or not.
In order to successfully prosecute a first-degree murder charge, the prosecution must prove that the defendant committed the murder and that a certain amount of planning was involved. If the prosecution is seeking a conviction under the felony murder rule, testimony about the crime would also be included in the case. When a jury or panel of judges is dissatisfied with the prosecution’s case, the defendant may be acquitted or the charges may be downgraded; for example, the jury may return a second-degree guilty verdict if it believes premeditation has not been proven.
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