Murder in Michigan law

Murder in Michigan law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Michigan.

The United States Centers for Disease Control and Prevention reported that in the year 2020, the state had a murder rate well above the median for the entire country.[1]

Definitions

First-degree murder

Michigan specifies a variety of homicide offenses, with first-degree murder being the most severe. In Michigan, a person is found guilty of first-degree murder when murder is perpetrated by means of poison, lying in wait, or any other willful, deliberate, and premeditated killing. The only sentence for adult offenders is life in prison without the possibility of parole. For juvenile offenders, they can be sentenced to either life-without-parole, or any number of years at a minimum of 60 years, with the possibility of parole after 25 to 40 years.

Second-degree murder

Second-degree murder in Michigan is defined as an intentional killing without premeditation, a killing caused by the perpetrator's reckless indifference to human life, or an assault causing death without intention to kill. It is punished by either life-with-parole after 15 years (10 years if the murder was committed before October 1, 1992) or any number of years in prison.[2]

Felony murder rule

The felony murder rule was abolished in the state of Michigan by the 1980 decision People v. Aaron. The court reasoned that the commission of a felony should only be used as a grading factor between first and second degree murder, and not something that could independently make an offense punishable as murder.[3]

Penalties

Source:[4]

Offense Mandatory sentencing
Aiding suicide Up to 5 years in prison
Involuntary manslaughter Up to 15 years in prison
Voluntary manslaughter
Death due to explosives
  • Life-with-parole after 15 years (10 years if murder was committed before October 1, 1992) or
  • Any number of years[5]
Sale of a controlled substance resulting in death
Second-degree murder
Terrorism resulting in death For adults:

Life imprisonment without the possibility of parole

For juveniles:

  • Life-without-parole or
  • At least 60 years in prison with parole after 25 to 40 years[6]
First-degree murder

See also

References

  1. ^ "National Center for Health Statistics: Homicide Mortality by State". Centers for Disease Control and Prevention. February 16, 2021. Retrieved September 24, 2021.
  2. ^ "Michigan Second-Degree Murder Laws". FindLaw.
  3. ^ Bonnie, R.J. et al. (2004) Criminal Law, Second Edition. New York, NY: Foundation Press, p. 859.
  4. ^ "Michigan Legislature - 328-1931-XLV =Legislature.mi.gov". October 31, 2010. Retrieved August 2, 2012.
  5. ^ "Michigan Legislature - Section 791.234". www.legislature.mi.gov. Retrieved December 4, 2019.
  6. ^ "Michigan Legislature - Section 769.25". www.legislature.mi.gov. Retrieved December 4, 2019.


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