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 Michigan, murder is classified into degrees, with first-degree murder including premeditated killings and certain other types of killings such as those of law enforcement officers or committed during the commission of another felony. First-degree murder in Michigan is punishable by mandatory life imprisonment without the possibility of parole. Second-degree murder in Michigan encompasses all other kinds of murder that do not meet the criteria for first-degree murder and is generally defined as an intentional killing that is not premeditated. The penalty for second-degree murder is not statutorily fixed and is determined by the court, but it can also result in life imprisonment. Michigan does not have the death penalty, so even the most serious murders do not result in capital punishment. The distinctions and penalties for murder are codified in Michigan's penal code, specifically in sections 750.316 for first-degree murder and 750.317 for second-degree murder.