Originally Posted by
Solkern
It is murder, how can you say it's not? Their job is to protect and serve. A man, who has vocally said he has trouble breathing or can't breathe, and you go out and put your knee on the guys neck for NINE minutes, while he keeps screaming that he's in distress, and can't breathe? That's murder.
Under the common law (law originating from custom and court decisions rather than statutes), murder was an intentional killing that was:
unlawful (in other words, not legally justified), and
committed with "malice aforethought."
Malice aforethought doesn't mean that a killer has to have acted out of spite or hate. It exists if a defendant intends to kill someone without legal justification or excuse. In addition, in most states, malice aforethought isn't limited to intentional killings. It can also exist if the killer:
intentionally inflicts serious bodily harm that causes the victim's death, or
behaves in a way that shows extreme, reckless disregard for life and results in the victim's death.
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