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 Arkansas, murder is classified under different degrees with specific criteria for each. First-degree murder, as defined by Arkansas law, involves the intentional and premeditated killing of another person, which aligns with the historical concept of 'malice aforethought.' This is the most serious form of homicide and is punishable by death or life imprisonment under Arkansas Code § 5-10-102. Second-degree murder, detailed in Arkansas Code § 5-10-103, is an intentional killing that is not premeditated or planned, nor committed in a heat of passion. Arkansas also recognizes capital murder, which includes particularly heinous circumstances such as the murder of a law enforcement officer or premeditated killings with aggravating factors. Capital murder is punishable by death or life imprisonment without parole, as per Arkansas Code § 5-10-101. The distinctions between these degrees of murder are crucial for determining the appropriate charges and penalties in homicide cases within the state.