Murder in the First Degree

Massachusetts General Law chapter 265 § 1:
The unlawful killing of a human being accomplished in one or more of the following modes:
(1) with deliberately premeditated malice aforethought; or
(2) with extreme atrocity or cruelty; or
(3) in the commission or attempted commission of a felony punishable by death or imprisonment for life.

Deliberately Premeditated Malice Aforethought

Massachusetts law defines murder in the first degree as including murder committed with deliberately premeditated malice aforethought. The term "deliberate premeditation" describes the mental process of the perpetrator in formulating the purpose to kill. In its most basic sense, it means that the perpetrator acted after taking time to reflect on his course of conduct. Massachusetts law does not require that the period of reflection be lengthy, so long as it affords the perpetrator an opportunity to consider his course of conduct.

In addition to premeditation, first degree murder also requires "malice aforethought". This description of the perpetrator's state of mind basically means that he or she had an intent to inflict injury without legal justification or excuse (legal justification included such defenses as self-defense, while excuse includes mental illness and duress). Malice aforethought is comprised of any one of the following three elements: (1) an intent to kill; (2) an intent to inflict grievous bodily injury; or (3) an intent to act in a manner that creates a plain and strong likelihood that death or grievous harm will follow. Of these three prongs of malice, the first two prongs require a specific intent on the part of the defendant, measured subjectively, while the third prong only requires a general intent, measured both subjectively and objectively. Accordingly, malice aforethought may exist without an actual intent to kill or do grievous bodily harm, if there is proof of the "third prong" of malice. This simply means that the perpetrator knew of circumstances that a reasonably prudent person would have known created a plain and strong likelihood of death or grievous bodily harm resulting from the perpetrator's act. The law can infer malice from circumstantial evidence, such as from the intentional use of a deadly weapon.

Extreme Atrocity or Cruelty

The second category of murder in the first degree is murder committed with extreme atrocity or cruelty. Extreme atrocity or cruelty is an element that the jury determines, when the suffering of the victim appears extreme compared to more ordinary means of producing death. When determining whether extreme atrocity or cruelty existed judges often instruct juries to consider: (1) the indifference to or taking pleasure in the victim's suffering; (2) consciousness and degree of suffering of the victim; (3) the extent of injuries; (4) the number of blows; (5) the manner and force with which blows were delivered; (6) the instrument employed; and (7) the disproportion between the means needed to cause death and those employed. Massachusetts law, however, does not require the trial judge to instruct the jury to consider all these factors.

The only mental state required of the perpetrator when extreme atrocity or cruelty exists is malice aforethought. As a result, the prosecution does not need to establish deliberate premeditation on the part of the defendant. In addition, the prosecution need not show that the accused knew his act to be extremely atrocious or cruel. A diminution of capacity by, for example, mental illness or substance ingestion, may warrant the jury refusing to find extreme atrocity or cruelty. The conscious suffering of the victim, while often present, is not a necessary element of the crime, since, even if cruelty suggests the suffering of the victim, atrocity speaks more to the manner in which the perpetrator commits the crime.

Felony Murder

The third category of murder in the first degree is murder committed "in the commission or attempted commission of a crime punishable with death or imprisonment for life." More simply, a death that occurs during or as the result of the commission of a felony qualifies as murder in the first degree, even if the death occurs absent the otherwise requisite intent for murder in the first degree. The felony-murder rule infers the malice aforethought required for murder from the intent to commit the underlying felony. The prosecution must prove beyond a reasonable doubt all the elements of the underlying felony. The prosecution need not prove deliberate premeditation or an intent to kill on the part of the defendant. The prosecution must establish only that the defendant killed another during the commission or attempted commission of a life felony.

The type of felony upon which the Commonwealth can maintain a felony murder charge must meet certain conditions. The felony must either exhibit a conscious disregard for human life and social duty, or, if not inherently dangerous, be committed in a manner which involved circumstances demonstrating the defendant's disregard of the risk to human life. In addition, the felony cannot be the direct cause of the death, but must be distinct from the act that resulted in the death. Thus, a felonious battery charge could not serve as the predicate for a felony murder charge. For the felony-murder rule to apply, however, the death must result from the natural and probable consequence of the felony.

The maximum sentence for a first degree murder conviction is imprisonment for life without parole.

 

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