Oklahoma Jury Instruction - First Degree Murder - Premeditated Murder - Transferred Intent
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FAQ
Quick Reference. The * mens rea (state of mind) required for a person to be guilty of murder. It is unnecessary for there to be any element of hostility (see malice) or for the intention to kill to be ?forethought? (i.e. premeditated).
A person commits murder in the first degree when that person unlawfully and with malice aforethought causes the death of another human being. Malice is that deliberate intention unlawfully to take away the life of a human being, which is manifested by external circumstances capable of proof.
In Oklahoma the minimum for First (1st) Degree Murder is Life. A Life sentence in Oklahoma means the defendant must serve 38 Calendar years before being eligible for parole. Murder also carries the possibility of a sentence of Life Without Parole which means a defendant never gets out of prison.
Transferred malice, or transferred intent, is the criminal doctrine that states that if D tries to kill A, and accidentally kills B, the intent to kill transfers from A to B, and so D is guilty of murdering B. This is widely viewed as a useful legal fiction.
First-degree murder is the most serious of all homicide offenses. It involves any intentional murder that is willful and premeditated with malice aforethought. Premeditation requires that the defendant planned the murder before it was committed or was ?lying in wait? for the victim.
Malice aforethought is the term of art that is sometimes colloquially referred to as "premeditation." Please note, however, that while the term "premeditation" implies a preconceived plan to commit murder, malice aforethought is broader than that. It is true that malice aforethought is defined as the intent to kill.
Both first and second-degree murder require malice aforethought. Malice is either expressed or implied. When it is expressed, death was intentional. When it is implied, death resulted from either an intentional act or related consequences.
Malice murder (aka an intentional murder), requires the prosecutor to prove there was specific intent to kill. Felony murder does not require any intent to kill. What makes felony murder so prosecutor friendly is that it requires less proof but has the same punishment as its counterpart.