When someone willfully commits murder and premeditation is involved, he or she may be charged with first degree murder. In many nations, a felony murder rule also allows people to be charged with this crime when a murder is committed during the commission of a violent felony, whether or not the murder was premeditated. Many people consider this form of murder to be the worst, since it suggests an extreme lack of regard for human life.
Most countries distinguish between murder in all of its degrees and manslaughter. A murder is a willful killing, in which someone makes a conscious choice to kill someone else, while a manslaughter is an accidental murder. For example, someone who plans and uses a car to kill someone could be charged with first degree murder, while a driver who accidentally hits a cyclist could be charged with manslaughter. Both acts carry penalties, but the penalty for murder is much more severe.
Premeditation distinguishes first degree from other degrees of murder, because it implies that the murderer was not acting from haste or violent rage, but from a place of cold, calculating hardness. The act of planning the death of another human being is viewed as heinous in many cultures. The plans may vary from poorly thought-out revenge schemes to complex and sometime gruesomely detailed plans to commit murder and get away with it.
In countries with a felony murder rule, someone may be charged with first degree murder if the murder is committed during the commission of a crime like arson, rape, or robbery. Many nations also charge terrorists with murder in the first degree if people are killed during an act of terrorism, such as a bombing or hijacking, or during suspected terrorist activity, like the manufacture of explosives. Contract killings are also classified under this charge. In addition, killing a peace officer may result in the charge, whether or not the act was planned.
In order to successfully prosecute a charge of first degree murder, the prosecution must prove that the accused committed the murder and that some amount of planning was involved. If the prosecution is trying to get a conviction under the felony murder rule, testimony about the felony would be included in the case as well. When a jury or panel of judges is not satisfied with the prosecution's case, the accused may be acquitted or the charges may be downgraded; for example, the jury may return a verdict of guilty in the second degree if they feel that premeditation was not proved.