5th Cir. Pattern Jury Instr. (Criminal) 2.52B

18 U.S.C. § 1111

Title 18, United States Code, Section 1111(a), makes it a crime for anyone to murder

another human being.

For you to find the defendant guilty of this crime, you must be convinced that the

government has proved each of the following beyond a reasonable doubt:

First: That the defendant unlawfully killed ________________ (name of alleged victim);

Second: That the defendant killed ______ (name of alleged victim ) with malice

aforethought; and

Third: That the killing took place within the territorial [special maritime] jurisdiction of

the United States.

To kill “with malice aforethought” means either to kill another person deliberately and

intentionally, or to act with callous and wanton disregard for human life.

To find malice aforethought, you need not be convinced that the defendant acted out of

spite, hatred, malevolence, or ill will toward the victim.

In determining whether the killing was with malice aforethought, you may consider the use

of a weapon or instrument and the manner in which death was caused.

You should consider all the facts and circumstances before, during, and after the killing

which tend to shed light on the defendant’s state of mind, before and at the time of the killing.