Home > West's Encyclopedia of American Law > Murder

The unlawful killing of another human being without justification or excuse.

Murder is perhaps the single most serious criminal offense. Depending on the circumstances surrounding the killing, a person who is convicted of murder may be sentenced to many years in prison, a prison sentence with no possibility of PAROLE, or death.

The precise definition of murder varies from jurisdiction to jurisdiction. Under the COMMON LAW, or law made by courts, murder was the unlawful killing of a human being with malice aforethought. The term malice aforethought did not necessarily mean that the killer planned or premeditated on the killing, or that he or she felt malice toward the victim. Generally, malice aforethought referred to a level of intent or reck-lessness that separated murder...