ArtK78, on 2013-May-02, 22:16, said:
I don't know where you get your information (other than the source cited), but murder, as far as I know, is the intentional (as opposed to accidental or unintentional) unlawful killing of another human being without justification or excuse. Intent is an absolute requirement for a charge of murder.
Despite the name, it's not actually a dictionary used by the legal profession. It's just a category of the freedictionary.com web site, which also has medical and financial sections; it just means that this is the section that contains words relevant to legal issues.
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"Malice aforethought" (otherwise known as premeditation) would turn a killing (however otherwise classified) into a murder. And any premeditation, no matter how brief, is equivalent to intent.
If you actually read the article he linked to (it's more like a small encyclopedia entry, not a dictionary definition), it goes into details like this, but explains that it's not so cut and dry, and many jurisdictions have refined it (e.g. California has the notion of "implied malice"). And here's an example they give that may be relevant to this thread:
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A person who unintentionally causes the death of another person also may be charged with murder under the depraved-heart theory. Depraved-heart murder refers to a killing that results from gross negligence. For example, suppose that a man is practicing shooting his gun in his backyard, located in a suburban area. If the man accidentally shoots and kills someone, he can be charged with murder under the depraved-heart theory, if gross Negligence is proven.
In Turner v. State, 796 So. 2d 998 (Miss. 2001), the defendant, Jimmy Ray Turner, was convicted of the murder of his wife. The couple had contemplated Divorce, but had apparently reconciled. After their reconciliation, they went together to the defendant's parents' house to return a borrowed shotgun. As they walked to the parents' house, the defendant, who testified that he did not think the shotgun was loaded, demonstrated to his wife how he carried the gun with his fingers on the trigger and walked with his arms swinging. His wife stopped suddenly, bumping into the defendant. The shotgun fired, killing the wife. Although the defendant was not charged with premeditated murder, he was indicted and convicted of depraved-heart murder due to his gross negligence in handling the shotgun.
I suspect that the extra level of indirection through the 5-year-old child may protect the parents in this case from being charged similarly. But they should still be liable for something serious, I think. The consequences of letting a 5-year-old play with a gun are not unpredictable.