At common law, murder is defined as the unlawful killing of another with malice aforethought.
There are four types of common law murder:
- Intent to kill murder
- Willful and premeditated
- Only type to require intentional malice
- Grievous bodily harm murder
- If you only intended to cause grievous bodily harm but actually killed him, then that's still murder.
- Depraved heart murder
- Like extreme recklessness
- The act must be done in spite of a substantial and unjustifiable risk to human life.
- Else it is just gross negligence and therefore involuntary manslaughter
- The act must be done with a callous disregard for human life such that alice aforethought is implied.
- Else it is just involuntary manslaughter
Model Penal Code
Extreme recklessness basically includes grievous bodily harm murder and depraved heart murder. It is when a person kills another by consciously disregarding a substantial and unjustifiable risk to human life when the risk of death is great.
The Model Penal Code does not exactly follow the felony murder rule but does not eliminate the concept. It creates a rebuttable presumption that killings which occur during the commission of listed dangerous felonies show extreme recklessness.