Murder Laws

Paper Summary:

This paper discusses how murder has been considered a crime since the beginning of written law and how, through the years, common laws regarding murder have been adapted according to the needs of society and state. It examines the history of elements of murder under historical common law, with a focus on current statutes for murder in the state of Idaho. Further, it compares the elements of each, and discusses possible reasons for differences and similarities. Finally, the paper suggests new changes to current laws that may be needed due to current societal needs.

From the Paper:

"Further statutes show even more divergence from common law. IC 18-4003 clearly lays out all forms of murder that qualify for first-degree. Remember that, in common law, first degree murder required only premeditation. This statute is very clear, and does not solely include the premeditation portion of common law elements. In IC 18-4003, any murder perpetrated by poison, torture, or lying in wait, or any murder that is deliberate and premeditated is classified as first-degree. However, the statute also includes any murder of a police officer, by a person previously convicted of murder, committed during the commission of another felony, committed while incarcerated, or committed while attempting to escape a penal institution (IC 18-4003)."

Sample of Sources Used:

• American Heritage Dictionary. (2003). Common law. American Heritage Dictionary of the English Language. New York: Houghton Mifflin Company.
• American Law Institute. Model Penal Code 210.2(1) (b) Comment, n. 4, 1980.
• Blinn, K.W. (1950). First degree murder: a workable definition. Journal of Criminal Law and Criminology 40(6): 729-735.
• Greenhoot, A.A. (1912). Supreme Court of Idaho cases. In Pacific States Reports (pp. 297-345). San Francisco, CA: Bancroft-Whitney Company.
• Idaho Statutes, chapter 18, 18-4001 - 18-4012.

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