11th Cir. Pattern Jury Instr. (Criminal) O45.3

18 U.S.C. § 1111

It’s a Federal crime to murder another human being within the [special

maritime] [territorial] jurisdiction of the United States. Murder is the unlawful

killing of a human being with malice aforethought.

The Defendant can be found guilty of this crime only if all the following

facts are proved beyond a reasonable doubt:

(1) the victim, [victim’s name] was killed;

(2) the Defendant caused the death of the victim with malice

aforethought; and

(3) the killing occurred within the [special maritime] [territorial]

jurisdiction of the United States.

To kill with “malice aforethought” is to intend to take someone else’s life

deliberately and intentionally, or to willfully act with callous and wanton disregard

for human life. It doesn’t matter whether the Defendant hated the victim or felt any

ill will toward the victim at the time. But the Government must prove beyond a

reasonable doubt that the Defendant intended to kill or willfully acted with callous

and wanton disregard for the consequences, knowing that a serious risk of death or

serious bodily harm would result.

The difference between second-degree murder, which is the charge you are

considering, and first-degree murder, is that second-degree murder does not require

premeditation. Premeditation is typically associated with killing in cold blood and

requires a period of time in which the accused thinks the matter over before acting.

The crime charged here is second -degree murder. The Government only has

to prove beyond a reasonable doubt that the Defendant killed the victim

deliberately and intentionally, but without premeditation. In other words, that the

Defendant killed the victim by acting with callous and wanton disregard for human

life.

If you find beyond a reasonable doubt that the crime occurred at the location

described in the indictment, that location is within the [special maritime]

[territorial] jurisdiction of the United States.