What does the term open murder mean?

Q: What is the meaning of open murder?

Open murder in Michigan allows prosecutors to charge a defendant with either first or second degree murder. This means the jury will determine the appropriate degree of murder based on the evidence presented during the trial. It provides flexibility in prosecution, reflecting the seriousness of the crime.

Q: What is murder with intention called?

Murder with intention is primarily classified as first-degree murder if it involves premeditation or planning. If the intent is to cause death or serious harm without premeditation, it is classified as second-degree murder. Both types involve a clear intention to kill or cause significant injury.

Full question:

What does the term "open murder" mean? It is being used a lot lately (or I have just started hearing it) and I don't know the difference between murder and open murder.

Category: Courts
Subcategory: Legal Definitions
Date: 04/07/2025
State: Michigan

Answer:

In Michigan, all murder is either in the first or second degree.

* First degree murder: [MCL 750.316] (Felony: mandatory life; no parole) -- "felony murder" (murder committed in the course of another felony), murdering a peace officer in the line of duty, or "premeditated murder". Murder cannot occur accidentally, the defendant must have intended to kill. Premeditation means that the defendant had time to consider the pros and cons of the killing beforehand.

* Second degree murder: [MCL 750.317] (Felony: Life or any term of years) -- causing death + intending to kill or do great bodily harm or knowingly creating a very high risk of death or great bodily harm knowing that death or such harm would be the likely result of his/her actions.

* Open Murder: [MCL 767.71] -- Michigan law does not require a prosecutor to choose between First Degree or Second Degree Murder when issuing a complaint, or even at trial. A prosecutor may charge "Open Murder", which is a combination of First and Second Degree Murder, and the jury may determine the appropriate degree based on the proofs.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What are the 3 types of murders?

In general, there are three main types of murder: first-degree murder, second-degree murder, and manslaughter. First-degree murder involves premeditation or intent to kill, while second-degree murder involves intent to cause harm or reckless disregard for life. Manslaughter is typically considered a lesser charge, often involving circumstances that mitigate the act, such as heat of passion or provocation. Each type has different legal definitions and consequences.

What is the meaning of open murder?

What is murder with intention called?

What are the 4 types of murderers?

The four types of murderers can include: 1) Premeditated murderers, who plan their acts; 2) Felony murderers, who commit murder during the commission of another felony; 3) Impulsive murderers, who kill without prior planning; and 4) Serial murderers, who kill multiple victims over time. Each type reflects different motivations and circumstances surrounding the act.