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In the United States of America, 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'' or ''felony murder'' is the most serious, followed by ''murder'', followed by ''manslaughter'' which is less serious, and ending finally in ''justifiable homicide'', which is not a crime at all. However, because there are at least 53 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〔(US Dept. of Justice: Felony Defendants in Large Urban Counties, 2002 ) 〕 with some states' contemplating a full life's confinement until death. Capital punishment, also called the death penalty, is a legal sentence in 31 states, and also the federal civilian and military legal systems. The United States is unusual in actually performing executions,〔https://www.amnesty.org.uk/sites/default/files/amnesty_death_penalty_report_2014_final.pdf〕 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, means that in many cases a fetus is treated as a person, and their death can count as murder or manslaughter. ==Jurisdiction== 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 (otherwise known as Washington, D.C.), 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.〔See generally, Title 18 U.S. Code〕 If however the victim is a federal official, an ambassador, consul or other foreign official under the protection of the United States, or if the crime took place on federal property or involved crossing state lines, or in a manner that substantially affects interstate commerce or national security, then the federal government also has jurisdiction. If a crime is not committed within any state, then Federal jurisdiction is exclusive: examples include vessels of the U.S. Navy or the U.S. Merchant Marine in international waters and U.S. military bases worldwide. In addition, murder by a member of the U.S. military or a prisoner while under custody of the U.S. military is in violation of Article 118 of the Uniform Code of Military Justice and can result the perpetrator being tried by a general court-martial, subjecting to certain types of jurisdictions within its own borders or with foreign nations. In cases where a murder involves both state and federal jurisdiction, the offender can be tried and punished separately for each crime without raising issues of double jeopardy, unless the court believes that the new prosecution is merely a "sham" forwarded by the prior prosecutor.〔(''Koon v. United States'', 518 U.S. 81 (1996) )〕 In the United States there is no statute of limitations on the crime of murder. == == States have adopted several different schemes for classifying murders by degree. The most common separates murder into two degrees, and treats voluntary and involuntary manslaughter as separate crimes that do not constitute murder. *First-degree murder: any intentional murder that is willful and premeditated with malice aforethought. Felony murder is typically first-degree. *Second-degree murder: any intentional murder with malice aforethought, but is not premeditated or planned in advance. *Voluntary manslaughter: (also referred to as third-degree murder), sometimes called a crime of passion murder, is any intentional killing that involves no prior intent to kill, and which was committed under such circumstances that would "cause a reasonable person to become emotionally or mentally disturbed". Both this and second-degree murder are committed on the spot under a spur-of-the-moment choice, but the two differ in the magnitude of the circumstances surrounding the crime. For example, a bar fight that results in death would ordinarily constitute second-degree murder. If that same bar fight stemmed from a discovery of infidelity, however, it may be mitigated to voluntary manslaughter. *Involuntary manslaughter: a killing that stems from a lack of intention to cause death but involving an intentional, or negligent, act leading to death. A drunk driving-related death is typically involuntary manslaughter (see also vehicular homicide, causing death by dangerous driving, gross negligence manslaughter and causing death by criminal negligence for international equivalents). Note that the "unintentional" element here refers to the lack of intent to bring about the death. All three crimes above feature an intent to kill, whereas involuntary manslaughter is "unintentional", because the killer did not intend for a death to result from their intentional actions. If there is a presence of intention it relates only to the intent to cause a violent act which brings about the death, but not an intention to bring about the death itself. The Model Penal Code classifies homicides differently, without degrees. Under it, murder is any killing committed purposefully and knowingly, manslaughter is any killing committed as a result of recklessness, and negligent homicide is any killing resulting from negligence.〔()〕 Some states classify their murders differently. In Pennsylvania and California first-degree murder encompasses premeditated murders, second-degree murder encompasses accomplice liability, and third-degree serves as a catch-all for other murders. In New York, first-degree murder involves "special circumstances", such as the murder of a police officer or witness to a crime, multiple murders, or murders involving torture.〔See, ''e.g.'', New York State Penal Law section 125.27, found at (N.Y. State Legislative web site (search for Penal Law § 125.27) ).〕 Under this system, second-degree murder is any other premeditated murder.〔See, ''e.g.'', New York State Penal Law section 125.25, found at (N.Y. State Legislative web site (search for Penal Law § 125.25) ).〕 The New York statutes also recognize "murder for hire" as first degree murder.〔Murder Charge in New York. June 2010. Bukh Law Firm, PC - 14 Wall St, New York NY 10005 - (212) 729-1632. (New York murder lawyer )〕 Texas uses a similar scheme to New York, but refers to first-degree murder as "capital murder", a term which typically applies only to those crimes that merit the death penalty. Some states, such as Florida, do not separate the two kinds of manslaughter. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Murder (United States law)」の詳細全文を読む スポンサード リンク
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