Malice murder
Malice murder is a criminal offense in the U.S. state of Georgia, committed when a homicide is done with express or implied malice.
Definition[]
According to Georgia law, express malice is "that deliberate intention unlawfully to take the life of another human being which is manifested by external circumstances capable of proof." Malice is implied when "no considerable provocation appears and where all the circumstances of the killing show an abandoned and malignant heart [AMH]."[1] The offense is similar to first-degree murder in other states.[2]
Notable examples[]
- Kelly Gissendaner was found guilty of malice murder in 1998 and executed in 2015.[3]
- Members of the FEAR terrorist group were charged with malice murder in 2012.[4]
- Alberto Martinez was convicted of malice murder in 2004 in the murder of Richard T. Davis.[5]
- Stephen Anthony Mobley was convicted of both malice murder and felony murder.[6] He was executed in 2005.
- Justin Ross Harris of Marietta, Georgia, was convicted in November 2016 of malice murder and felony murder in the June 2014 death of his 22-month-old son, Cooper.[7]
- Robert Aaron Long pleaded guilty to four counts of malice murder and felony murder in four of the deaths in the 2021 Atlanta spa shootings, and is facing four more counts of malice murder and felony murder in the other four deaths.
- Travis McMichael of Brunswick, Georgia, was convicted in November 2021 of malice murder in the February 2020 murder of Ahmaud Arbery.[2]
References[]
- ^ 2014 Georgia Code, § 16-5-1 - Murder; malice murder; felony murder; murder in the second degree, from Law.Justia.com
- ^ a b Ortiz, Erik (November 24, 2021). "Why only one defendant in Ahmaud Arbery killing was guilty of malice murder". NBC News. Retrieved November 24, 2021.
- ^ Shapiro, Emily (September 30, 2015). "Kelly Gissendaner Executed in Georgia After Courts Deny Stay Requests". ABC News. Retrieved September 30, 2015.
- ^ Bluestein, Greg (2011-12-13). "4 soldiers charged in Ga. killings | The Augusta Chronicle". Chronicle.augusta.com. Retrieved 2015-09-30.
- ^ "S07A1456. NAVARRETE v. THE STATE" (PDF). Archived from the original (PDF) on May 9, 2009. Retrieved September 30, 2015.
- ^ "Attorney General Baker Announces Execution Date for Stephen Anthony Mobley | AGO". Law.ga.gov. 2005-02-11. Retrieved 2015-09-30.
- ^ "Georgia Man Sentenced to Life Without Parole for Son's Death in Hot Car". The New York Times. The Associated Press. 2016-12-05. ISSN 0362-4331. Retrieved 2016-12-06.
Categories:
- Killings by type
- Georgia (U.S. state) law