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Murder is the unlawful killing of another human person with intent or malice aforethought, as defined in Common Law countries. Murder is generally distinguished from other forms of homicide by the elements of malice, aforethought, and the lack of lawful justification. All jurisdictions, ancient and modern, consider it a most serious crime and therefore impose severe penalty on its commission. Common law murder is defined as the 1. unlawful 2. killing 3. of another human person 4. with a state of mind known as "malice aforethought." The first three elements are relatively straightforward; however, the concept of "malice aforethought" is a complex one that does not necessarily mean premeditation. The following states of mind are recognized as constituting the various forms of "malice aforethought" (i) Intent to kill; (ii) Intent to inflict serious bodily harm short of death; (iii) Reckless indifference to an unjustifiably high risk to human life (sometimes described as an "abandoned and malignant heart"); or (iv) Intent to commit a dangerous felony (the "felony-murder" doctrine).
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