Massachusetts Murder Overview

Massachusetts law defines the unjustified killing of a person as a criminal homicide. The offense of criminal homicide requires a living person as the victim. Two issues arise when Massachusetts courts have considered whether the victim in a particular case was living. At common law the killing of an unborn child did not constitute a homicide. In Massachusetts, the Supreme Judicial Court altered this rule in the 1980's. Massachusetts law now recognizes a viable fetus as a person for purposes of homicide law. In certain feticide cases, prosecutors have struggled to establish that a defendant's actions caused the death of an unborn fetus.

The question of when life ends is also central to homicide analysis. For purposes of the law of homicide in Massachusetts, death occurs when a patient does not respond to painful stimuli, when spontaneous respiration does not occur, and when no positive electroencephalogram reaction registers for twenty-four hours. The confluence of these events is known as brain death.

State of Mind

American law holds as a central tenant that, generally, a person's criminal liability for an act should reflect his moral culpability for that act. As a result, the law defines most crimes with respect to the actor's state of mind. The question that can arise as a defense to criminal homicide is whether the defendant intentionally, knowingly or maliciously brought about the death. In addition to these states of mind, a person can also be charged and convicted of involuntary manslaughter if his or her state of mind reflects a disregard of the probable harmful effects of his or her acts. The law defines this as wanton or reckless conduct. Although the defendant has no actual intent to cause harm to another person, the simple intent to act with disregard for the high degree of likelihood that such harm will occur represents the legal equivalent of intentional conduct.

Accused?

If you are accused of Murder or any serious crime DO NOT make any statements to anyone before you get an attorney.

Contact a Murder Defense Attorney

See our Murder Defense Case Results

 

Contact an Attorney | Massachusetts Murder Overview
Murder Defense Case Results | First Degree Murder | Second Degree Murder Voluntary Manslaughter
Involuntary Manslaughter | Motor Vehicle Homicide | Assault with Intent to Murder/Kill | Home