The Reference of U.S. Murder Grading System to China’s Intentional Murder -- From the Perspective of Premeditated Contemplation

Abstract

In American criminal law, the practice of taking premeditation as the classification standard of murder degree originates from the legislative reform of Pennsylvania in 1794, which divides premeditated intentional murder as the first-degree murder and the rest intentional killing as the second-degree murder. As only the first-degree murder can be sentenced to death, this reform succeeded to limit the number of capital punishments. However, there are also some problems in taking premeditation as the murder grading’s standard. Firstly, the definition of premeditation is vague, causing difficulties in judicial application. Secondly, premeditation cannot accurately reflect the actor’s culpability every time. If premeditation is the only factor in convicting and sentencing punishment, the result may be unfair. Therefore, some states in the United States abandoned the murder grading system based on premeditation, and instead applied the new paradigm of the Model Penal Code, which stipulated that only first-degree murder with aggravating circumstances can be sentenced to death. Although premeditation is regarded as the sentencing circumstance of intentional homicide in judicial interpretation, it is still vague in practice. The theoretical discussion and practical reform of premeditation in American murder law have certain reference significance for the conviction and sentencing of subjective factors of intentional homicide in China.