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Murder (United States law)


In the United States, the law regarding murder is complex, especially due to the principle of "dual sovereignty" that is part of federalism. In most cases there is a hierarchy of acts, known collectively as homicide, of which first degree murder and felony murder are the most serious, followed by murder, followed by voluntary manslaughter and involuntary manslaughter which are less serious, and ending finally in justifiable homicide, which is not a crime at all. However, because there are at least 57 relevant jurisdictions, each with its own criminal code, this is a considerable simplification.

Sentencing also varies very widely. "Life imprisonment" is common, but its meaning varies widely with some states contemplating a full life's confinement until death.

Capital punishment, also called the death penalty, is a legal sentence in 32 states, and also the federal civilian and military legal systems. The United States is unusual in actually performing executions, with 34 states having performed executions since capital punishment was reinstated in 1976. The methods of execution have varied but the most common method since 1976 has been lethal injection. In 2014 a total of 35 people were executed, and 3,002 were on death row.

The Unborn Victims of Violence Act, enacted in 2004, allows for a fetus to be treated as a victim in federal crimes. A provision specifically prohibits prosecutions related to consented abortions and medical treatments.

If murder is committed within the borders of a state, that state has jurisdiction, and in a similar way, if the crime is committed in the District of Columbia, the D.C. Superior Court (the equivalent of a state court in the District) retains jurisdiction, though in some cases involving U.S. government property or personnel, the federal courts may have exclusive jurisdiction.


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