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 Louisiana, murder is classified under homicide and is defined in the Louisiana Revised Statutes. The state distinguishes between different degrees of homicide, including first degree murder and second degree murder. First degree murder involves premeditation and specific aggravating circumstances, such as the killing of a police officer, firefighter, or certain other public figures, or committing the murder during the commission of specified felonies. First degree murder can be punishable by death or life imprisonment without parole. Second degree murder is typically an intentional killing that does not meet the criteria for first degree murder, and it carries a mandatory sentence of life imprisonment without the benefit of parole, probation, or suspension of sentence. Louisiana does not use the term 'capital murder,' but first degree murder can be considered a capital case if the prosecution seeks the death penalty. Manslaughter, which may be akin to voluntary manslaughter in other states, is a homicide committed without the intent to cause death or great bodily harm. The specific statutes governing these offenses can be found in Title 14 of the Louisiana Revised Statutes.