Murder is the intentional, premeditated killing of another human being. The premeditation requirement for murder was historically described in the law as “malice aforethought.”

Laws regarding murder vary from state to state, and some states have a separate criminal offense of capital murder, which usually involves the most egregious circumstances, such as killing a peace officer in the line of duty or lying in wait to ambush and kill the victim. Capital murder offenses carry a potential death penalty.

And some states use the distinction of first degree murder (done with premeditation and punishable by death or life in prison) and second degree murder (generally an intentional killing without premeditation—also known as manslaughter or voluntary manslaughter in some states).

The criminal offense of murder is generally located in a state’s statutes—often in the penal or criminal code.

In Mississippi, murder is defined as the unlawful killing of another human being with deliberate design to effect death, which is premeditated. This aligns with the historical concept of 'malice aforethought.' Mississippi law distinguishes between capital murder and other types of murder. Capital murder includes killings that occur during the commission of certain felonies, the murder of a law enforcement officer, or murders that are especially heinous, atrocious, or cruel. Capital murder can be punishable by death or life imprisonment without parole. Mississippi also recognizes the distinction between first-degree murder and second-degree murder. First-degree murder involves premeditation and is punishable by death or life in prison, while second-degree murder is an intentional killing without premeditation. The term 'manslaughter' in Mississippi refers to a killing that occurs without malice, either upon a sudden heat of passion or involuntarily while committing a lawful act without due caution. These distinctions and definitions are codified in the Mississippi Code, specifically in the sections dealing with crimes and punishments.