Article Index
Murder Investigation: Preserving the Crime Scene
Murder Investigation: Autopsy
Autopsy: Searching for Suspected Poison
Homicide Investigation: Interviewing Witnesses
Crime & Punishment: Murder & Violent Crimes Penalties
Murder & Violent Crimes Penalties
Murder
Murder is the unlawful killing of a human being by another with malice aforethought.
1st Degree Murder (G.L. c. 265, €1)
Murder committed with malice and deliberate premeditation or with malice and extreme atrocity or cruelty. Murder committed during the commission or attempted commission of a felony punishable by life imprisonment is also 1st degree murder.
Penalty: Life imprisonment without the possibility of parole.
Parole eligibility: None
2nd Degree Murder (G.L. c. 265, €1)
An unlawful killing with malice, but without deliberate premeditation or extreme atrocity and cruelty. Murder committed during the commission or attempted commission of a felony not punishable by life imprisonment or death.
Penalty: Life imprisonment.
Parole eligibility: After 15 years of imprisonment. In reality, parole boards very rarely grant parole to a citizen convicted of 2nd degree murder before he has served 30 years in prison. Given the severity of prison life, few citizens convicted of 2nd degree murder live long enough to emerge from prison the recipient of parole.
Manslaughter (G.L. c. 265, €13)
Manslaughter is defined by common law, rather than by statute. It has been divided into voluntary manslaughter" and "involuntary manslaughter."
Voluntary Manslaughter: Unlawful killing of the victim with the intent to kill, but without malice. The killing is mitigated and, therefore, not done with "malice" if the killing is done (1) the excessive use of force in self-defense (or defense of another), or (2) in the heat of passion caused by either reasonable provocation or sudden combat.
Involuntary Manslaughter: A homicide unintentionally caused by the defendant who (1) engaged in wanton and reckless conduct or (2) who committed a misdemeanor assault and battery upon the victim which had a high degree of likelihood that substantial harm would result to the victim.
Penalties: imprisonment in the state prison for not more than twenty years or a fine of not more than one thousand dollars and imprisonment in jail or a house of correction for not more than two and a half years or (for those committing manslaughter while violating G.L. c. 266, €€101 to 102B (having to do with the use of explosives)) life in state prison or for any term of years.
Assault (G.L. c. 265, €13A)
Defined by common law, rather than by statute. Any willful attempt or threat to inflict injury upon another while having the present ability to accomplish the same or any intentional display of force that would give the victim reason to fear or expect immediate bodily harm. No actually touching is required.
Penalties: under G.L. c. 265, €13A: punished by: imprisonment in the house of corrections for not more than 2 1/2 years or by a fine of not more than $500.
Assault & Battery (G.L. c. 265, €13A)
Any unlawful, intentional use of force against the person of another.
Penalties: imprisonment in the house of corrections for not more than 2 1/2 years or by a fine of not more than $500.
Poisoning (G.L. c. 265, €28)
Considered a type of assault & battery, includes mingling poison with food, drink or medicine or wilfully poisoning any spring, well or reservoir.
Penalties: imprisonment in the state prison for life or for any term of years.
Assault & Battery with a Dangerous Weapon (G.L. c. 265, 15B)
An assault & battery is accomplished with anything that could be construed as a "dangerous weapon." In determining whether an object qualifies as a "dangerous weapon" Courts consider (1) the size and shape of the object, (2) the manner in which its used, and (3) whether the object was used to provoke fear. Almost anything could qualify as a dangerous weapon (gun, knife, shod foot, teeth, hammer, baseball bat, door, bureau, cigarette, German shepherd, etc.)
Penalties: imprisonment in the state prison for not more than five years or by a fine of not more than $1000 or by imprisonment in jail or the house of correction for not more than more than 2 1/2 years.
Mayhem (G.L. c. 265, €14)
Aggravated form of assault & battery in which the defendant intentionally disfigures the victim (cutting a tongue, tearing off nose, lip or limb, gouges out eyeball, etc.).
Penalties: imprisonment in the state prison for not more than 20 years or by a fine of not more than $1000 or imprisonment in jail for not more than 2 1/2 years.
