MD MPJI-Cr 4:17 Homicide — First Degree Premeditated Murder and Second Degree Specific Intent Murder

Maryland Criminal Pattern Jury Instructions (MSBA)
CHAPTER FOUR CRIMINAL OFFENSES
HOMICIDE–FIRST DEGREE PREMEDITATED MURDER AND SECOND DEGREE SPECIFIC INTENT MURDER (NO JUSTIFICATION OR MITIGATION GENERATED)
MPJI-Cr 4:17

The defendant is charged with the crime of murder. This charge includes first degree murder and second degree murder.

FIRST DEGREE MURDER

First degree murder is the intentional killing of another person with willfulness, deliberation, and premeditation. In order to convict the defendant of first degree murder, the State must prove:

(1) that the defendant caused the death of (name); and

(2) that the killing was willful, deliberate, and premeditated.

Willful means that the defendant actually intended to kill (name).

Deliberate means that the defendant was conscious of the intent to kill.

Premeditated means that the defendant thought about the killing and that there was enough time before the killing, though it may only have been brief, for the defendant to consider the decision whether or not to kill and enough time to weigh the reasons for and against the choice. The premeditated intent to kill must be formed before the killing.

SECOND DEGREE MURDER

Second degree murder is the killing of another person with either the intent to kill or the intent to inflict such serious bodily harm that death would be the likely result. Second degree murder does not require premeditation or deliberation. In order to convict the defendant of second degree murder, the State must prove:

(1) that the defendant caused the death of (name); and

(2) that the defendant engaged in the deadly conduct either with the intent to kill or with the intent to inflict such serious bodily harm that death would be the likely result.

Notes on Use

Use this instruction if the defendant is charged with first degree premeditated murder under MD. CODE ANN., CRIMINAL LAW I § 2-201 (2021) (hereinafter CRIM. LAW I or II § ), and/or second degree specific intent murder under CRIM. LAW I § 2-204, but only if there is no issue of justification or mitigation generated and the only possible verdicts are first degree murder, second degree murder, and not guilty.

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