MBE Rules · Criminal Law
Murder — common-law degrees
The rule
Common-law murder: unlawful killing with malice aforethought (intent to kill, intent to inflict grievous bodily harm, depraved-heart recklessness, or felony murder). First-degree (statutory): premeditation and deliberation OR enumerated method (poison, lying in wait) OR enumerated-felony FM. All others are second-degree.
In plain English
Murder is when someone kills another person on purpose or in a really reckless way. First-degree murder is planned in advance or done in specific ways like using poison. Second-degree is any other intentional or reckless killing.
Worked example
The defendant planned for weeks to poison a rival's drink, which led to the rival's death. This is first-degree murder because it was premeditated and used poison. If the defendant killed in a sudden fight without planning, it would be second-degree.
Memory hook
Degrees of Death: deliberate or depraved. First-degree needs premeditation or specific methods; second-degree covers the rest.
The trap
Students think: All intentional killings are first-degree. Wrong, because intent alone isn't enough—needs premeditation or statutory method. Actual test is premeditation or specific method.
How examiners test it
The MBE loves: sudden argument leads to killing. Question: degree of murder? Trap: assuming first-degree due to intent. It's second-degree unless premeditation or specific method shown.
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