Murder in Michigan law
Murder in Michigan constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Michigan.
In Michigan, a person is found guilty of first-degree murder when murder is perpetrated by means of poison, lying in wait, or any other willful, deliberate, and premeditated killing. In Michigan, the top penalty the perpetrator can receive is life imprisonment.[1]
The United States Centers for Disease Control and Prevention reported that in the year 2020, the state had a murder rate well above the median for the entire country.[2]
Felony murder rule
The felony murder rule was abolished in the state of Michigan by the 1980 decision People v. Aaron. The court reasoned that the commission of a felony should only be used as a grading factor between first and second degree murder, and not something that could independently make an offense punishable as murder.[3]
Penalties
Source:[4]
| Offense | Mandatory sentencing |
|---|---|
| Second Degree Murder | Life (Parole eligible after 15 years, eligible after 10 years for offenses committed before October 1, 1992) or any number of years[5] |
| First Degree Murder | Life without parole. For juveniles, if mitigating factors exist the judge may set a minimum term of between 25 and 40 years before parole eligibility with a maximum term of at least 60 years.[6] |
See also
References
- ^ "Michigan Legislature – Section 750.316". Legislature.mi.gov. Retrieved June 25, 2010.
- ^ "National Center for Health Statistics: Homicide Mortality by State". Centers for Disease Control and Prevention. February 16, 2021. Retrieved September 24, 2021.
- ^ Bonnie, R.J. et al. (2004) Criminal Law, Second Edition. New York, NY: Foundation Press, p. 859.
- ^ "Michigan Legislature - 328-1931-XLV =Legislature.mi.gov". October 31, 2010. Retrieved August 2, 2012.
- ^ "Michigan Legislature - Section 791.234". www.legislature.mi.gov. Retrieved December 4, 2019.
- ^ "Michigan Legislature - Section 769.25". www.legislature.mi.gov. Retrieved December 4, 2019.
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