First-degree and premeditated murder refer to the same crime. Under United States Code Title 18, Chapter 51, Section 1111, murder refers to the criminal act of taking a human's life with malice aforethought. "Aforethought" is the planning of the act, or premeditation. Any person who engages in a premeditated act that leads to the death of another is guilty of first-degree murder. Definitions and penalties vary by state, but the uniform components with first-degree murder are intent and premeditation.
Intent
Intent involves willfulness. This means the defendant must have a definite goal to kill. A specific victim is not necessary. Shooting into a crowd of people with the intention of killing constitutes first-degree murder. Killing the wrong person also constitutes first-degree murder.
Malice Aforethought
The defendant must possess four implied or conscious states of mind for first-degree murder. The defendant must intend to cause the unjustifiable death of a human being, inflict severe bodily harm, commit a felony, and knowingly commit the act with the knowledge it can lead to the death of another human being.
Premeditation
Due to the broadness of the concept of premeditation, courts weigh each situation on a case-by-case basis. Courts generally determine premeditation by examining whether the defendant had time to form intent and a cooling-off period occurred before the defendant committed the act. If there was sufficient time to cool off and rethink the decision to commit murder, premeditation exists.
The Pennsylvania Method
First -- degree murder requirements vary by state, but most states adhere to the Pennsylvania Method. Under this method, first-degree murder occurs when the defendant commits murder with willfulness, deliberateness and premeditation. First-degree murder also occurs during the commission of a heinous crime such as poisoning, lying in wait with the intent to murder by ambush, or committing murder during the commission of a felony such as arson, rape or robbery.
Punishments
Punishments for first-degree murder vary by state. Michigan punishes the crime by imprisoning the defendant for life. Other states impose the death penalty based on the number of aggravating factors. Illinois requires at least one of 21 aggravating factors such as the killing of a peace officer, two or more human beings or brutality or heinousness that resulted in the death of an individual under the age of 12. Wyoming imposes the death penalty when the murder occurred due to crimes such as arson, kidnapping or the abuse of a minor less than 16 years of age.
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