Blog
18 U.S.C. § 1111 – Murder within federal jurisdiction
18 U.S.C. § 1111 – Murder within federal jurisdiction
Murder is a very serious crime that involves the unlawful killing of another human being. When murder occurs within federal jurisdiction, it falls under 18 U.S.C. § 1111. This law defines murder and outlines the penalties for committing murder under federal law. Let’s take a closer look at what 18 U.S.C. § 1111 covers and what it means for murder cases tried in federal court.
What is federal jurisdiction?
First, it’s important to understand what federal jurisdiction means. In the United States, we have both federal and state laws. Federal laws apply nationwide, while state laws only apply within that particular state. For a murder case to fall under federal jurisdiction, there must be some federal interest involved.
Common ways a murder can end up as a federal case include:
- The murder occurred on federal land, like a national park or military base
- The victim was a federal employee doing their job, like a federal agent
- The murder was related to another federal crime, like terrorism or drug trafficking
- The killer crossed state lines to commit the murder
So if a murder doesn’t have a federal connection, it would normally be tried in state court under state laws. But if there is a federal interest, federal charges can be brought under 18 U.S.C. § 1111.
Definition of murder under 18 U.S.C. § 1111
Under 18 U.S.C. § 1111, murder is defined as the unlawful killing of a human being with malice aforethought. Let’s break down what each part of this definition means:
- Unlawful – This means the killing violated the law. Not all killings are murder, like self-defense or war.
- Killing – The victim must die as a result of the defendant’s acts.
- Of a human being – Only the killing of a person is murder. Killing an animal is not.
- With malice aforethought – This means the defendant acted with intent to kill. Malice can be express (a clear intent to kill) or implied (reckless indifference to human life).
So in summary, murder requires an intentional killing of a person in an unlawful manner with no legal justification. Manslaughter would involve an unintentional or accidental killing, which lacks the malice needed for murder.
Degrees of murder
Under 18 U.S.C. § 1111, murder comes in two degrees – first degree murder and second degree murder:
- First degree murder – Any premeditated, willful, deliberate killing with malice aforethought is murder in the first degree. This is the most serious type of murder charge.
- Second degree murder – Any other type of murder with malice aforethought that doesn’t meet the standards for first degree murder. This covers unplanned killings or those done in the heat of passion.
The main factor that distinguishes first and second degree murder is premeditation. First degree murder is done in cold blood after planning the act ahead of time, while second degree murder lacks this premeditation.
Penalties for federal murder
Since first degree murder is the most serious type of murder, it carries the harshest penalties under 18 U.S.C. § 1111:
- Death penalty
- Life imprisonment without the possibility of parole
- Life imprisonment (with the remote chance of parole)
Second degree murder also carries stiff penalties, although not as severe as first degree murder:
- Any term of years in prison
- Life imprisonment (with the remote chance of parole)
The death penalty is authorized for first degree murder, but not required. Second degree murder defendants cannot receive the death penalty. Juries decide whether to impose the death penalty after weighing aggravating and mitigating factors.
Federal murder defenses
Since federal murder charges are so serious, the stakes are high for defendants to avoid a conviction. Here are some of the common defenses used in federal murder trials:
- Self-defense – Arguing the killing was necessary to protect yourself or others from imminent danger. For example, killing an armed intruder in your home.
- Insanity – Arguing mental disease or defect prevented you from understanding the nature of your actions. Requires having a serious mental illness.
- Diminished capacity – Arguing that mental impairment prevented you from forming the intent required for murder, even if not legally insane.
- Intoxication – Arguing that you were so impaired by drugs and/or alcohol that you could not form the intent required for murder.
- Duress – Arguing you were coerced into committing the murder by threats of immediate bodily harm against yourself or loved ones.
The evidence must support these defenses and they require meeting strict legal standards. But if successful, they could lead to reduced charges or even an acquittal in some cases.
Federal murder cases
To understand how 18 U.S.C. § 1111 works in practice, let’s look at some real-world examples of federal murder trials:
Oklahoma City bombing
One of the most prominent federal murder cases was the Oklahoma City bombing in 1995, which killed 168 people and injured over 500 more. Timothy McVeigh detonated a massive truck bomb outside the Alfred P. Murrah Federal Building in Oklahoma City, completely destroying the north side of the building. McVeigh hoped the attack would spark an uprising against the federal government, which he blamed for incidents like the Waco siege. However, the bombing was widely condemned as an act of domestic terrorism.
McVeigh and his co-conspirator Terry Nichols were both convicted of federal murder and sentenced to death and life in prison, respectively. The sheer loss of life, especially of young children at a daycare inside the building, made the Oklahoma City bombing one of the deadliest and most infamous crimes in U.S. history. It led to major changes in how federal buildings were constructed to prevent future vehicle bomb attacks. The Oklahoma City National Memorial now marks the site to honor the victims.
Boston Marathon bombing
Another notable recent federal murder case was the Boston Marathon bombing in 2013. Brothers Tamerlan and Dzhokhar Tsarnaev detonated two homemade pressure cooker bombs near the finish line of the Boston Marathon, killing 3 spectators and injuring several hundred others. A police officer was also shot and killed by the brothers during the manhunt.
The motive appeared to be extremist Islamic beliefs and retaliation for U.S. wars in Muslim countries. Dzhokhar Tsarnaev was convicted of 30 federal charges including use of a weapon of mass destruction and now sits on federal death row. His brother Tamerlan was killed in a shootout with police after the bombing.
Charleston church shooting
The Charleston church shooting in 2015 was prosecuted as a federal hate crime. Dylann Roof, a white supremacist, shot and killed 9 African Americans inside the Emanuel African Methodist Episcopal Church in Charleston, South Carolina. Roof was the first person sentenced to death for federal hate crimes.
Even though the shooting occurred in South Carolina, federal murder charges applied because Roof selected the victims based on their race and interfered with their religious freedom. Roof also used a firearm he was not legally able to purchase as a convicted felon. The case highlighted how old Confederate symbols and racism still fuel violence today.