Murder in Pennsylvania law: Difference between revisions
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/* Felony (2d Degree) Murder in PennsylvaniaPennsylvania was the first state to differentiate the crime of "murder" into degrees based upon the culpability of the perpetrator. See, e.g. Dressler, Criminal Law: Cases and Materials 231-32 (4th ed. 200 |
/* Felony (2d Degree) Murder in PennsylvaniaPennsylvania was the first state to differentiate the crime of "murder" into degrees based upon the culpability of the perpetrator. See, e.g. Dressler, Criminal Law: Cases and Materials 231-32 (4th ed. 200 |
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=== Felony (2d Degree) Murder in Pennsylvania<ref>Pennsylvania was the first state to differentiate the crime of "murder" into degrees based upon the culpability of the perpetrator. ''See'', ''e.g.'' Dressler, ''Criminal Law: Cases and Materials'' 231-32 (4th ed. 2007) ("Prior to the recodification effort begun by the Model Penal Code, most American jurisdictions maintained a law of murder built around . . . common law classifications. The most significant departure was the division of murder into degrees, a change ''initiated'' by the Pennsylvania legislation of 1794.").</ref> === |
=== Felony (2d Degree) Murder in Pennsylvania<ref>Pennsylvania was the first state to differentiate the crime of "murder" into degrees based upon the culpability of the perpetrator. ''See'', ''e.g.'' Dressler, ''Criminal Law: Cases and Materials'' 231-32 (4th ed. 2007) ("Prior to the recodification effort begun by the Model Penal Code, most American jurisdictions maintained a law of murder built around . . . common law classifications. The most significant departure was the division of murder into degrees, a change ''initiated'' by the Pennsylvania legislation of 1794."). Dressler goes onto explain that "[o]ther states followed the Pennsylvania practice until at one time the vast majority of American jurisdictions differentiated degrees of murder and the term 'first-degree murder' passed into common parlance." Id.</ref> === |
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In the Commonwealth of Pennsylvania, common law felony murder was codified as "Murder of the Second Degree."<ref>See 18 Pa.C.S.A. § 2502(b). An official version of the Pennsylvania Statutes is available [http://www.legis.state.pa.us/cfdocs/legis/LI/Public/cons_index.cfm here]. Unofficial versions are available online [http://law.onecle.com/pennsylvania/crimes-and-offenses/00.025.002.000.html here].</ref> The statute provides that "[c]riminal homicide constitutes murder of the second degree when it is committed while defendant was engaged as a principal or an accomplice in the perpetration of a felony."<ref>Id.</ref> |
In the Commonwealth of Pennsylvania, common law felony murder was codified as "Murder of the Second Degree."<ref>See 18 Pa.C.S.A. § 2502(b). An official version of the Pennsylvania Statutes is available [http://www.legis.state.pa.us/cfdocs/legis/LI/Public/cons_index.cfm here]. Unofficial versions are available online [http://law.onecle.com/pennsylvania/crimes-and-offenses/00.025.002.000.html here].</ref> The statute provides that "[c]riminal homicide constitutes murder of the second degree when it is committed while defendant was engaged as a principal or an accomplice in the perpetration of a felony."<ref>Id.</ref> |
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Revision as of 05:33, 1 February 2011
Felony (2d Degree) Murder in Pennsylvania[1]
In the Commonwealth of Pennsylvania, common law felony murder was codified as "Murder of the Second Degree."[2] The statute provides that "[c]riminal homicide constitutes murder of the second degree when it is committed while defendant was engaged as a principal or an accomplice in the perpetration of a felony."[3]
The Pennsylvania formulation narrows the doctrine. Indeed, "Perpetration of a Felony" is statutorily defined as
- The act of the defendant in engaging in or being an accomplice in the commission of, or an attempt to commit, or flight after committing, or attempting to commit robbery, rape, or deviate sexual intercourse by force or threat of force, arson, burglary or kidnapping.[4]
A killing caused during the perpetration of a felony that is not otherwise listed in § 2502(d), i.e. aggravated assault, would be charged as Murder of the Third Degree or as a less culpable homicide provision, e.g. 18 Pa.C.S.A. § 2503 (Manslaughter).
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Footnotes
- ^ Pennsylvania was the first state to differentiate the crime of "murder" into degrees based upon the culpability of the perpetrator. See, e.g. Dressler, Criminal Law: Cases and Materials 231-32 (4th ed. 2007) ("Prior to the recodification effort begun by the Model Penal Code, most American jurisdictions maintained a law of murder built around . . . common law classifications. The most significant departure was the division of murder into degrees, a change initiated by the Pennsylvania legislation of 1794."). Dressler goes onto explain that "[o]ther states followed the Pennsylvania practice until at one time the vast majority of American jurisdictions differentiated degrees of murder and the term 'first-degree murder' passed into common parlance." Id.
- ^ See 18 Pa.C.S.A. § 2502(b). An official version of the Pennsylvania Statutes is available here. Unofficial versions are available online here.
- ^ Id.
- ^ Id. at 2502(d).