Table Of Contents
18 U.S.C. §1111 – Definition of Murder
According to LawCornell, murder is the unlawful killing of a human being with malice aforethought [1].
Every murder perpetrated by poison, lying in wait, or any other kind of willful, deliberate, malicious, and premeditated killing; or committed in the perpetration of, or attempt to perpetrate, any arson, escape, murder, kidnapping, treason, espionage, sabotage, aggravated sexual abuse or sexual abuse, child abuse, burglary, or robbery; or perpetrated as part of a pattern or practice of assault or torture against a child or children; or perpetrated from a premeditated design unlawfully and maliciously to effect the death of any human being other than him who is killed, is murder in the first degree
It also covers murders committed as part of a pattern of assault or torture against a child or those carried out with premeditated intent to kill someone other than the perpetrator. Any other type of murder is classified as second-degree murder.
7 Ways Murder Becomes a Federal Crime
According to Wklaw, under the U.S. Constitution, criminal law is primarily managed by individual states [2].
If you are accused of murder committed in California, you will most likely be charged and tried under California’s laws. However, there are many circumstances in which killing someone can also break a federal law. In those instances, you can be tried in federal court
Federal murder cases typically involve:
- Drug trafficking
- Crossing state borders
- Occurring on federal waters
- Attacks on the U.S. government or judicial system
Here are 7 scenarios where murder can be federally prosecuted:
1. Murder of Elected/Appointed Federal Officials (18 U.S.C. Sections 351, 1751):
Killing a Congressman, Senator, President, Vice President, Cabinet member, or Supreme Court Justice, especially if related to a kidnapping, falls under federal jurisdiction.
2. Murder of Federal Judges or Law Enforcement Officials (18 U.S.C. Section 1114):
This includes killing judges appointed to federal courts or federal law enforcement officials like FBI or DEA agents.
3. Killing Immediate Family Members of Law Enforcement Officials (18 U.S.C. Section 115(B)(3)):
Federal law also protects family members of law enforcement officials from threats or retaliation.
4. Murders Influencing Court Cases (18 U.S.C. Section 1512):
Includes killing court officers, jurors, witnesses, police informants, or victims to influence testimony or retaliate for testimony given.
5. Murders During Bank Robberies (18 U.S.C. Section 1111):
The felony murder rule applies to killings during a bank robbery, which is also a federal crime.
6. Murders Related to Rape, Child Molestation, and Sexual Exploitation of Children (18 U.S.C. Sections 2248, 2251):
This includes murders occurring during the commission of a sex crime or sexual exploitation of minors, often prosecuted under federal law due to the Commerce Clause.
7. Drug-Related Murders (18 U.S.C. Sections 36, 924(I)):
Federal laws strictly punish murders connected to drug trafficking.
Also Read: DUI Manslaughter Jail Time California
Federal Murder Defenses
Murder is among the most severe federal crimes, and a conviction carries life-altering consequences.
If you’re facing federal murder charges, it is crucial to retain an experienced federal criminal defense lawyer who is skilled in court and adept at negotiating with federal prosecutors.
Each case is unique and requires a thorough review to determine the best defense strategy. There are several potential defenses against murder charges:
- Self-Defense: We may argue that you acted in self-defense or defense of another person, showing you reasonably believed you were in imminent danger of harm or serious injury.
- Accidental Death: We might demonstrate that the death was accidental, with no intent to harm and no negligence involved.
- Police Misconduct: Evidence of illegal search and seizure, police misconduct, or violations of your rights could lead to the suppression of evidence.
- Insufficient Evidence: Highlighting gaps or weaknesses in the prosecution’s case to argue for dismissal or reduction of charges.
- False Allegation or Mistaken Identity: Proving that you were wrongfully accused or misidentified as the perpetrator.
If you or someone you know is under investigation or charged with the federal crime of murder, contact our team of experienced federal criminal defense attorneys for an initial consultation. We can guide you on the best steps to take to maximize the chances of a favorable outcome in your case.
FBI Federal Murder Statistics
- In 2019, the estimated number of murders in the United States was 16,425. This represents a 0.3 percent increase from 2018, a 3.4 percent increase from 2015, and an 11.6 percent rise from 2010.
- The 2019 murder rate was 5.0 per 100,000 people, which was a slight decrease of 0.2 percent from 2018. However, it marked a 1.1 percent increase from the 2015 rate and a 5.1 percent increase from the 2010 rate.
- Geographically, 48.7 percent of the murders were reported in the South, 20.8 percent in the Midwest, 19.3 percent in the West, and 11.2 percent in the Northeast.
Source: Federal Bureau of Investigation (FBI) [3].
Related Articles:
If you feel affected by any of these matters, you should contact a criminal defense attorney and seek help.
Get a Free Lawsuit Evaluation With Our Lawyers
The Litigation Group at Schmidt & Clark, LLP is an experienced team of trial lawyers that focuses on the representation of plaintiffs in lawsuits. We are handling individual litigation nationwide and currently accepting new legal challenges in all 50 states.
If you or a loved one was involved with these matters, you should contact our law firm immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.
References:
1. https://www.law.cornell.edu/uscode/text/18/1111
2. https://www.wklaw.com/10-ways-murder-becomes-a-federal-crime/
3. https://ucr.fbi.gov/crime-in-the-u.s/2019/crime-in-the-u.s.-2019/topic-pages/murder