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Encyclopedia > Murder
Paul Cézanne's The Murder
Paul Cézanne's The Murder
Crimes

Classes of crime
Infraction  · Misdemeanor  · Felony
Summary  · Indictable  · Hybrid

Against the person
Assault  · Battery
Extortion  · Harassment
Kidnapping  · Identity theft
(Corporate) Manslaughter
Murder  · Rape
Robbery

Against property
Arson  · Blackmail
Burglary  · Deception
Embezzlement  · False pretenses
Fraud  · Handling
Larceny  · Theft
Vandalism

Against the public order
Drug possession

Against the state
Tax evasion
Espionage  · Treason

Against justice
Bribery  · Misprision of felony
Obstruction  · Perjury
Malfeasance in office

Inchoate offenses
Accessory  · Attempt
Conspiracy  · Incitement
Solicitation  · Common purpose

Note: Crimes vary by jurisdiction.
Not all are listed here.
Homicide
Murder

Assassination
Child murder
Consensual homicide
Contract killing
Felony murder
Honour killing
Human sacrifice
Lust murder
Lynching
Mass murder
Murder-suicide
Proxy murder
Ritual murder
Serial killer
Spree killer
Torture murder
Image File history File links Emblem-important. ... The unlawful killing of one human by another, especially with premeditated malice. ... Cezanne redirects here. ... Image File history File links Scale_of_justice_2. ... For the similarly spelled medical term referring to a blocked artery, see infarction. ... A misdemeanor, or misdemeanour, in many common law legal systems, is a lesser criminal act. ... For the record label, see Felony Records The term felony is a term used in common law systems for very serious crimes, whereas misdemeanors are considered to be less serious offenses. ... In many common law jurisdictions (e. ... A hybrid offence or dual offence are the special offences in Canadian criminal law where the prosecution may choose whether to proceed with a summary offence or an indictment. ... This article does not cite any references or sources. ... Extortion is a criminal offense, which occurs when a person either obtains money, property or services from another through coercion or intimidation or threatens one with physical harm unless they are paid money or property. ... Harassment refers to a wide spectrum of offensive behavior. ... Identity theft is a catch-all term for crimes involving illegal usage of another individuals public identity. ... Corporate manslaughter is a term in English law for an act of homicide committed by a company. ... This article or section does not cite any references or sources. ... The Skyline Parkway Motel in Afton, Virginia after an arson fire on July 9, 2004. ... For other uses, see Blackmail (disambiguation). ... For the purposes of English law, deception is defined in s15(4) Theft Act 1968 and applies to the deception offences in the Theft Act 1968, and to the Theft Act 1978 and the Theft (Amendment) Act 1996. ... False pretenses is a common law crime. ... For the turning characteristics of land vehicles, see Car handling. ... In the United States, larceny is a common law crime involving stealing. ... A young waif steals a pair of boots Stealing redirects here. ... Vandalism is the conspicuous defacement or destruction of a structure, a symbol or anything else that goes against the will of the owner/governing body. ... In criminology public order crime is defined by Siegel (2004) as ...crime which involves acts that interfere with the operations of society and the ability of people to function efficiently, i. ... Drug possession is the crime of having one or more illegal drugs in ones possession, either for personal use, distribution, sale or otherwise. ... For other uses, see State (disambiguation). ... Tax rates around the world Tax revenue as % of GDP Economic policy Monetary policy Central bank   Money supply Fiscal policy Spending   Deficit   Debt Trade policy Tariff   Trade agreement Finance Financial market Financial market participants Corporate   Personal Public   Banking   Regulation        Tax avoidance is the legal utilization of the tax regime to... Spy and Secret agent redirect here. ... For other uses, see Treason (disambiguation) or Traitor (disambiguation). ... This article is about the concept of justice. ... Bribery is a crime implying a sum or gift given alters the behaviour of the person in ways not consistent with the duties of that person. ... Misprision of felony, under the common law of England, was the crime of failing to report knowledge of a felony to the appropriate authorities. ... Modern Obstruction of Justice, in a common law state, refers to the crime of offering interference of any sort to the work of police, investigators, regulatory agencies, prosecutors, or other (usually government) officials. ... Perjury is the act of lying or making verifiably false statements on a material matter under oath or affirmation in a court of law or in any of various sworn statements in writing. ... Malfeasance in office, or official misconduct, is the commission of an unlawful act, done in an official capacity, which affects the performance of official duties. ... An inchoate offence is the crime of preparing for or seeking to commit another crime. ... An accessory is a person who assists in or conceals a crime, but does not actually participate in the commission of the crime. ... The crime of attempt occurs when a person does an act amounting to more than mere preparation for a criminal offense, with specific intent to commit a crime, if that act tends but fails to effect the commission of the offense intended. ... In the criminal law, a conspiracy is an agreement between natural persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement. ... In English criminal law, incitement is an anticipatory common law offence and is the act of persuading, encouraging, instigating, pressuring, or threatening so as to cause another to commit a crime. ... Solicitation is a crime; it is an inchoate offense that consists of a person inciting, counseling, advising, urging, or commanding another to commit a crime with the specific intent that the person solicited commit the crime. ... In criminal law, the doctrine of common purpose, common design or joint enterprise refers to the situation where two or more people embark on a project with a common purpose that results in the commission of a crime. ... This article does not cite any references or sources. ... Homicide (Latin homicidium, homo human being + caedere to cut, kill) refers to the act of killing another human being. ... Assassin and Assassins redirect here. ... Note: for practices of systematically killing very young children, see infanticide. ... Consensual homicide refers to a killing in which the victim wants to die. ... In most countries with judicial systems, a contract to kill a person is unenforceable by law (in the sense that the customer cannot sue for specific performance and the contract killer cannot sue for his pay). ... The felony murder rule is a legal doctrine according to which anyone who commits, or is found to be involved in, a serious crime (a felony), during which any person dies, is guilty of murder. ... Honour killing is most often the killing of a female, but in some cases also a male, and sometimes his/her family members, love-interests or other associates,[1][2] for supposed sexual or marital offences, typically by his/her own relatives or relatives of a purported romantic interest, with... Human sacrifice is the act of killing a human being for the purposes of making an offering to a deity or other, normally supernatural, power. ... A lust murder is a homicide in which the offender searches for erotic satisfaction by taking away the victims life. ... Manifestations Slavery Racial profiling Lynching Hate speech Hate crime Genocide (examples) Ethnocide Ethnic cleansing Pogrom Race war Religious persecution Gay bashing Blood libel Paternalism Police brutality Movements Policies Discriminatory Race / Religion / Sex segregation Apartheid Redlining Internment Anti-discriminatory Emancipation Civil rights Desegregation Integration Equal opportunity Counter-discriminatory Affirmative action Racial... Mass murder (massacre) is the act of murdering a large number of people, typically at the same time, or over a relatively short period of time. ... A murder suicide is an act in which an individual kills one or more other persons immediately before, or while killing himself. ... This article does not cite any references or sources. ... Ritual murder is murder performed in a ritualistic fashion or on a basis of rituals. ... Serial killers are individuals who have a history of multiple slayings of victims who were usually unknown to them beforehand. ... A spree killer, also known as a rampage killer, is someone who embarks on a murderous assault on his victims in a short time in multiple locations. ... Torture murder is a loosely defined legal term to describe the process used by murderers who kill their victims by slowly torturing them. ...

Manslaughter

in English law
Negligent homicide
Vehicular homicide For a discussion of the law in other countries, see manslaughter In the English law of homicide, manslaughter is a less serious offence than murder with the the law differentiating between levels of fault based on the mens rea (Latin for a guilty mind). Manslaughter may be either: Voluntary where... Negligent homicide is a charge brought against persons, who by inaction, allow others under their care to die. ... In most states in the United States, vehicular homicide is a crime. ...

Non-criminal homicide

Justifiable homicide
Capital punishment The concept of justifiable homicide in criminal law stands on the dividing line between an excuse and an exculpation. ... Capital punishment, or the death penalty, is the execution of a convicted criminal by the state as punishment for crimes known as capital crimes or capital offences. ...

Other types of homicide

Avunculicide
Deicide
Democide
Familicide
Femicide
Feticide
Filicide
Fratricide
Gendercide
Genocide
Infanticide
Mariticide
Matricide
Parricide
Patricide
Prolicide
Regicide
Sororicide
Suicide
Tyrannicide
Uxoricide
Viricide
Vivicide
This article does not cite any references or sources. ... Democide is a term coined by political scientist R. J. Rummel for the murder of any person or people by a government, including genocide, politicide, and mass murder. Rummel created the term as an extended concept to include forms of government murder that are not covered by the legal definition... A familicide is a type of murder or murder-suicide in which at least one spouse and one or more children are killed. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... Abortion, in its most common usage, refers to the voluntary or induced termination of pregnancy, generally through the use of surgical procedures or drugs. ... Filicide is the deliberate act of a parent killing his or her own son or daughter. ... Fratricide (from the Latin word frater, meaning: brother and cide meaning to kill) is the act of a person killing his or her brother. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... For other uses, see Genocide (disambiguation). ... In sociology and biology, infanticide is the practice of intentionally causing the death of an infant of a given species, by members of the same species - often by the mother. ... Mariticide (not to be confused with matricide); from the Latin maritus (married) & cidium (killing), literally means the murder of ones married partner, but has become most associated with the murder of a husband by his wife. ... Matricide is the act of killing ones mother. ... It has been suggested that this article or section be merged with Patricide. ... Patricide is (i) the act of killing ones father, or (ii) a person who kills his or her father. ... Prolicide is the act of killing offspring, either before or soon after birth. ... For other uses, see Regicide (disambiguation). ... This article is about a kind of homicide. ... For other uses, see Suicide (disambiguation). ... Tyrannicide literally means the killing of a tyrant. ... Uxoricide (from Latin uxor meaning wife) is murder of ones wife. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... This article does not cite any references or sources. ...

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Murder is the unlawful killing of a human person with malice aforethought, as defined in Common Law countries. Murder is generally distinguished from other forms of homicide by the elements of malice aforethought and the lack of lawful justification. All jurisdictions, ancient and modern, consider it a most serious crime and most impose severe penalty on its commission. Malice Aforethought is a 1931 murder mystery novel written by Anthony Berkeley Cox, using the name Francis Iles. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Homicide (Latin homicidium, homo human being + caedere to cut, kill) refers to the act of killing another human being. ...

Contents

Legal analysis of murder

To repeat, a common law murder is defined as the unlawful killing of a human person with malice aforethought exists if the defendant acts with any of the following states of mind:


(i) Intent to kill; (ii) Intent to inflict serious bodily harm; (iii) Reckless indifference to an unjustifiably high risk to human life (abandoned and malignant heart); or (iv) Intent to commit a felony (felony-murder doctrine).


Under element (i) intent to kill, the deadly weapon rule applies. Thus, if the defendant intentionally uses a deadly weapon or instrument against the victim, such use authorizes a permissive inference of intent to kill. An example of a deadly weapon or instrument is a gun, a knife, or even a car when intentionally used to strike the victim.


Under element (iii) abandoned and malignant heart, the killing must result from defendant's conduct involving a reckless indifference to human life and a conscious disregard of an unreasonable risk of death or serious bodily injury. An example of this is a 2007 law in California where an individual could be convicted of second-degree murder if he or she kills another person while operating a motor vehicle while being under the influence of alcohol, drugs, or controlled substances. This article is about the U.S. state. ... For other uses, see Under the influence. ... Many drugs are provided in tablet form. ... Wikipedia does not yet have an article with this exact name. ...


Under element (iv) felony-murder doctrine, the felony committed must be an inherently dangerous felony, such as burglary, arson, rape, robbery or kidnapping. Importantly, the underlying felony cannot be a lesser-included offense such as assault, otherwise all homicides would be murder as all homicides are felonies.


Origins

Background

One of the oldest known prohibitions against murder appears in the Sumerian Code of Ur-Nammu written sometime between 2100 and 2050 BC. The code states, "If a man commits a murder, that man must be killed." Image File history File links Unbalanced_scales. ... Sumer (or Shumer, Sumeria, Shinar, native ki-en-gir) formed the southern part of Mesopotamia from the time of settlement by the Sumerians until the time of Babylonia. ... The Code of Ur-Nammu is the oldest known tablet containing a law code surviving today. ... Look up BC in Wiktionary, the free dictionary. ...


In Abrahamic religions, the prohibition against murder is one of the Ten Commandments given by God to Moses in (Exodus: 20v13) and (Deuteronomy 5v17) (See Murder in the Bible). The Vulgate and subsequent early English translations of the Bible used the term secretly killeth his neighbor or smiteth his neighbour secretly rather than murder for the Latin clam percusserit proximum.[1][2] Abrahamic religions symbols designating the three prevalent monotheistic religions – Judaism, Christianity, and Islam Abrahamic religion is a term commonly used to designate the three prevalent monotheistic religions – Judaism, Christianity, and Islam[1][2] – which claim Abraham (Hebrew: Avraham אַבְרָהָם ; Arabic: Ibrahim ابراهيم ) as a part of their sacred history. ... For other uses, see Ten Commandments (disambiguation). ... Murder is something that occurs several times in the Bible. ... The Vulgate Bible is an early 5th century version in Latin, partly revised and partly translated by Jerome on the orders of Pope Damasus I in 382. ...


Later editions such as Young's Literal Translation and the World English Bible have translated the Latin occides simply as murder rather than the alternatives of kill, assassinate, fall upon or slay. [3] Youngs Literal Translation (YLT) is a translation of the Bible into English. ... The World English Bible (also known as WEB) is a public domain translation of the Bible that is currently in draft form. ...


Christian churches have some doctrinal differences about what forms of homicide are prohibited biblically, though all agree murder is.


Common law

According to Blackstone, English common law identified murder as a Public Wrong. [4] This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...


Codification

The crime of murder was often formally codified after democratic reform in various jurisdictions, legislatures began passing statutes. A legislatureis a type of representative deliberative assembly with the power to ratify laws. ... Legislation (or statutory law) is law which has been promulgated (or enacted) by a legislature or other governing body. ...


Legal definition

As with most legal terms, the precise definition of murder varies between jurisdictions and is usually codified in some form of legislation.


In some jurisdictions, murder is a common law crime, considered so wrong that there is no need for any legislation to define it. In such jurisdictions, precedent Case law or previous decisions of the Courts of Law defines what is considered murder. This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... This article is about the legal term. ...


Basic elements

In common law jurisdictions, murder has two elements or parts: This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...

  1. the act (actus reus) of killing a person
  2. the state of mind (mens rea) of intentional, purposeful, malicious, premeditated, and/or wanton.

While murder is often expressed as the unlawful killing of another human being with "malice aforethought", this element of malice may not be required in every jurisdiction (for example, see the French definition of murder below). The actus reus — sometimes called the external element of a crime — is the Latin term for the guilty act which, when proved beyond a reasonable doubt in combination with the mens rea, i. ... The mens rea is the Latin term for guilty mind used in the criminal law. ... Malice Aforethought is a 1931 murder mystery novel written by Anthony Berkeley Cox, using the name Francis Iles. ...

  • The element of malice aforethought can be satisfied by an intentional killing, which is considered express malice.
  • Malice can also be implied: deaths that occur by extreme recklessness or during certain serious crimes are considered to be express malice murders.

Exclusions

  • Unlawful killings without malice or intent are considered manslaughter.
  • Justified or accidental killings are considered homicides. Depending on the circumstances, these may or may not be considered criminal offenses.
  • Suicide is not considered murder in most societies. Assisting a suicide, however, may be considered murder in some circumstances.
  • Capital punishment ordered by a legitimate court of law as the result of a conviction in a criminal trial with due process for a serious crime.
  • Killing of enemy combatants by lawful combatants in accordance with lawful orders in war, although illicit killings within a war may constitute murder or homicidal war crimes. (see the Laws of war article)

Homicide (Latin homicidium, homo human being + caedere to cut, kill) refers to the act of killing another human being. ... For other uses, see Suicide (disambiguation). ... Capital punishment, or the death penalty, is the execution of a convicted criminal by the state as punishment for crimes known as capital crimes or capital offences. ... In United States law, adopted from English Law, due process (more fully due process of law) is the principle that the government must respect all of a persons legal rights instead of just some or most of those legal rights when the government deprives a person of life, liberty... A combatant (also referred to as an enemy combatant) is a soldier or guerrilla member who is waging war. ... For other uses, see War (disambiguation). ... In the context of war, a war crime is a punishable offense under International Law, for violations of the laws of war by any person or persons, military or civilian. ... The two parts of the laws of war (or Law of Armed Conflict (LOAC)): Law concerning acceptable practices while engaged in war, like the Geneva Conventions, is called jus in bello; while law concerning allowable justifications for armed force is called jus ad bellum. ...

Victim

All jurisdictions require that the victim be a natural person; that is a human being who was still alive at the time of being murdered. Most jurisdictions legally distinguish killing a fetus or unborn child as a different crime, such as illegal abortion of a fetus or the unlawful killing of an unborn child. The distinction between a fetus and an unborn child in these jurisdictions is that a child could survive if it had been born, while a fetus could not.[citation needed] Human beings are defined variously in biological, spiritual, and cultural terms, or in combinations thereof. ... For other uses, see Fetus (disambiguation). ...


Mitigating circumstances

Some countries allow conditions that "affect the balance of the mind" to be regarded as mitigating circumstances. This means that a person may be found guilty of "manslaughter" on the basis of "diminished responsibility" rather than murder, if it can be proved that the killer was suffering from a condition that affected their judgment at the time. Depression, post-traumatic stress disorder and medication side-effects are examples of conditions that may be taken into account when assessing responsibility. A mitigating factor in law is any information or evidence presented to the court regarding the defendant or the circumstances of the crime than might result in reduced charges or a lesser sentence. ... On the Threshold of Eternity. ... Post-traumatic stress disorder (PTSD) is a term for certain severe psychological consequences of exposure to, or confrontation with, stressful events that the person experiences as highly traumatic. ... Adverse effect, in medicine, is an abnormal, harmful, undesired and/or unintended side-effect, although not necessarily unexpected, which is obtained as the result of a therapy or other medical intervention, such as drug/chemotherapy, physical therapy, surgery, medical procedure, use of a medical device, etc. ...


Insanity

Mental disorder may apply to a wide range of disorders including psychosis caused by schizophrenia and dementia, and excuse the person from the need to undergo the stress of a trial as to liability. In some jurisdictions, following the pre-trial hearing to determine the extent of the disorder, the defense of "not guilty by reason of insanity" may be used to get a not guilty verdict. [5] This defense has two elements: In criminal law of commonwealth countries, the defense of mental disorder - sometimes called the defence of mental illness - is a legal defence by excuse, by which a defendant may argue that they should not be held criminally liable for breaking the law, as they were at the time of their... For other uses, see Psychosis (disambiguation). ... For other uses, see Dementia (disambiguation). ...

  1. That the defendant had a serious mental illness, disease, or defect.
  2. That the defendant's mental condition, at the time of the killing, rendered the perpetrator unable to determine right from wrong, or that what he or she was doing was wrong. ..

Under New York law, for example: A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute. ... This article is about the state. ...

§ 40.15 Mental disease or defect. In any prosecution for an offense, it is an affirmative defense that when the defendant engaged in the proscribed conduct, he lacked criminal responsibility by reason of mental disease or defect. Such lack of criminal responsibility means that at the time of such conduct, as a result of mental disease or defect, he lacked substantial capacity to know or appreciate either: 1. The nature and consequences of such conduct; or 2. That such conduct was wrong.

Under the French Penal Code:

ARTICLE 122-1

  • A person is not criminally liable who, when the act was committed, was suffering from a psychological or neuropsychological disorder which destroyed his discernment or his ability to control his actions.
  • A person who, at the time he acted, was suffering from a psychological or neuropsychological disorder which reduced his discernment or impeded his ability to control his actions, remains punishable; however, the court shall take this into account when it decides the penalty and determines its regime.

Those who successfully argue a defense based on a mental disorder are usually referred to mandatory clinical treatment until they are certified safe to be released back into the community, rather than prison.[6]


Post-partum depression

Some countries, such as Canada, Italy, the United Kingdom, New Zealand and Australia, allow post-partum depression (also known as post-natal depression) as a defense against murder of a child by a mother, provided that a child is less than a year old (this may be the specific offense of infanticide rather than murder and include the effects of lactation and other aspects of post-natal care).[citation needed] After giving birth, about 70-80% of women experience an episode of baby blues, feelings of depression, anger, anxiety and guilt lasting for several days. ... In sociology and biology, infanticide is the practice of intentionally causing the death of an infant of a given species, by members of the same species - often by the mother. ...


Self defense

Acting in self defense or in defense of another person is generally accepted as legal justifications for killing a person in situations that would otherwise have been murder. However, a self defense killing might be considered manslaughter if the killer established control of the situation before the killing took place. In the case of self-defense it is called a justifiable homicide. [7] This article and defense of property deal with the legal concept of excused (sometimes termed justified) acts that might otherwise be illegal. ...


Unintentional

For a killing to be considered murder, there normally needs to be an element of intent. For this argument to be successful the killer generally needs to demonstrate that they took precautions not to kill and that the death could not have been anticipated or was unavoidable, whatever action they took. As a general rule, manslaughter[8] constitutes reckless killing, while criminally negligent homicide is a grossly negligent killing.[9] This page is a candidate for speedy deletion. ...


Diminished capacity

In those jurisdictions using the Uniform Penal Code, such as California, diminished capacity may be a defense. For example, Dan White used this defense [10] to obtain a manslaughter conviction, instead of murder, in the assassination of Mayor George Moscone and Supervisor Harvey Milk.[citation needed] This article is about the U.S. state. ... In jurisprudence, diminished responsibility (or diminished capacity) is a defense by excuse via which a defendant argues that that although they broke the law, they should not be held criminally liable for doing so, as their mental functions were diminished or impaired. ... This article is about the San Francisco Supervisor. ... Assassin and Assassins redirect here. ... Mayor Moscone George Richard Moscone (November 24, 1929 – November 27, 1978) was the mayor of San Francisco, California from January 1976 until his assassination in November 1978. ... For other uses, see Harvey Milk (disambiguation). ...


Year-and-a-day rule

Main article: Year and a day rule

In some common law jurisdictions, a defendant accused of murder is not guilty if the victim survives for longer than one year and one day after the attack. This reflects the likelihood that if the victim dies, other factors will have contributed to the cause of death, breaking the chain of causation. Subject to any statute of limitations, the accused could still be charged with an offense representing the seriousness of the initial assault. The year and a day rule was a principle of English law holding that a death was conclusively presumed not to be murder (or any other homicide) if it occurred more than a year and one day since the act (or omission) that was alleged to have been its cause. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute. ... The year and a day rule was a principle of English law holding that a death was conclusively presumed not to be murder (or any other homicide) if it occurred more than a year and one day since the act (or omission) that was alleged to have been its cause. ... Causation is the bringing about of a result, and in law it is an element in various tests for legal liability. ... A statute of limitations is a statute in a common law legal system that sets forth the maximum period of time, after certain events, that legal proceedings based on those events may be initiated. ...


Abolition of the rule

With advances in modern medicine, most countries have abandoned a fixed time period and test causation on the facts of the case.


In the UK, due to medical advancements, the "year-and-a-day-rule" is no longer in use. However, if the death occurs three years after the original attack, then the Attorney-General's approval/permission will need to be granted before prosecutions can take place after a three year period has expired. In most common law jurisdictions, the Attorney General or Attorney-General is the main legal adviser to the government, and in some jurisdictions may in addition have executive responsibility for law enforcement or responsibility for public prosecutions. ...


In the United States, many jurisdictions have abolished the rule as well. Abolition of the rule has been accomplished by enactment of statutory criminal codes, which had the effect of displacing the common-law definitions of crimes and corresponding defenses. In 2001, the Supreme Court of the United States held that retroactive application of a state supreme court decision abolishing the year-and-a-day rule did not violate the Ex Post Facto Clause of Article I of the United States Constitution. [11] The Supreme Court of the United States (sometimes colloquially referred to by the acronym SCOTUS[1]) is the highest judicial body in the United States and leads the federal judiciary. ... An ex post facto law (from the Latin for from something done afterward) or retroactive law, is a law that retroactively changes the legal consequences of acts committed or the legal status of facts and relationships that existed prior to the enactment of the law. ... Wikisource has original text related to this article: Article One of the United States Constitution Article One of the United States Constitution describes the powers of the legislative branch of the United States government, known as Congress, which includes the House of Representatives and the Senate. ...


Demographics

An estimated 520,000 people were murdered in 2000 around the globe. Two-fifths of them were young people between the ages of 10 and 29 who were killed by other young people.[12]

Murder rate per 100,000 inhabitants in 2004
Murder rate per 100,000 inhabitants in 2004

Murder rates vary greatly among countries and societies around the world. In the Western world, murder rates in most countries have declined significantly during the 20th century and are now between 1-4 cases per 100,000 people per year. Murder rates in Japan, Ireland and Iceland are among the lowest in the world, around 0.5; the rate of the United States is among the highest of developed countries, around 5.5 in 2004,[13] with rates in larger cities sometimes over 40 per 100,000.[14] Image File history File links Map-world-murder-rate. ... Image File history File links Map-world-murder-rate. ... This article is being considered for deletion in accordance with Wikipedias deletion policy. ... Occident redirects here. ... A developed country is a country that has achieved (currently or historically) a high degree of industrialization, and which enjoys the higher standards of living which wealth and technology make possible. ...


Within the Western world, nearly 90% of all murders are committed by males, with males also being the victims of 74.6% of murders (according the US Department of Justice). There is a sharp peak in the age distribution of murderers between the ages of 17 and 30. People become decreasingly likely to commit a murder as they age. Incidents of children and adolescents committing murders are also extremely rare, notwithstanding the strong media coverage such cases receive. The United States Department of Justice (DOJ) is a Cabinet department in the United States government designed to enforce the law and defend the interests of the United States according to the law and to ensure fair and impartial administration of justice for all Americans. ...


There are an estimated 55,000 murders in Brazil every year[15], about 30,000 murders committed annually in Russia, approximately 25,000 murders in Colombia (in 2005, murders went down to 15,000[16]), approximately 20,000 murders each year in South Africa, approximately 17,000 murders in the United States (666,160 murders from 1960 to 1996)[17], approximately 15,000 murders in Mexico, approximately 11,000 murders in Venezuela, approximately 6,000 murders in El Salvador, approximately 1,600 murders in Jamaica[18], approximately 1000 murders in France, approximately 580 murders per year in Canada[19], and approximately 200 murders in Chile.[20] The murder rate in Port Moresby, Papua New Guinea is 23 times that of London.[21] Downtown Port Moresby Port Moresby (IPA: ), or Pot Mosbi in Tok Pisin, population 255,000 (2000), is the capital of Papua New Guinea. ... This article is about the capital of England and the United Kingdom. ...


Murder demographics are affected by the improvement of trauma care, leading to reduced lethality of violent assaults - thus the murder rate may not necessarily indicate the overall level of social violence.[22]


Development of murder rates over time in different countries is often used by both supporters and opponents of capital punishment and gun control. Using properly filtered data, it is possible to make the case for or against either of these issues. For example, one could look at murder rates in the United States from 1950 to 2000,[23] and notice that those rates went up sharply shortly after a moratorium on death sentences was effectively imposed in the late 1960s. This fact has been used to argue that capital punishment serves as a deterrent and, as such, it is morally justified. Capital punishment opponents frequently counter that the United States has much higher murder rates than Canada and most European Union countries, although all those countries have abolished the death penalty. Gun control advocates further point out that, unlike the United States, many European countries disallow gun ownership by private citizens but Switzerland has the least restrictive firearm laws and corresponding higher gun murder deaths. Canada introduced a comprehensive Firearms Certificate program in 1977, which was followed by a sharp decline in its homicide rate (and its firearm homicide rate) however firearm homicide rates have crept back up to pre-1977 levels by 2005 even though the overall rate remains less. Overall, the global pattern is too complex and, on average, the influence of both these factors may not be significant and could be more social, economic and cultural. Capital punishment, or the death penalty, is the execution of a convicted criminal by the state as punishment for crimes known as capital crimes or capital offences. ... It has been suggested that this article or section be merged into Gun politics. ... Capital punishment is a controversial issue in the United States and, indeed, in most of the world, with many prominent organizations and individuals participating in the debate. ...


Country-specific murder law

Australia

Murder is defined in the New South Wales (NSW) Crimes Act 1900 as follows: NSW redirects here. ... This article is under construction. ...

SECTION 18 1) a) Murder shall be taken to have been committed where the act of the accused, or thing by him or her omitted to be done, causing the death charged, was done or omitted with reckless indifference to human life, or with intent to kill or inflict grievous bodily harm upon some person, or done in an attempt to commit, or during or immediately after the commission, by the accused, or some accomplice with him or her, of a crime...[24]

Under NSW law, the maximum penalty for murder is life imprisonment with a standard non-parole period of 20 years. Attempted murder (sections 27-30 of the Crimes Act) attracts a maximum penalty of 25 years imprisonment. Note that in order to be guilty of murder under the NSW Crimes Act, intent to cause grievous bodily harm is enough to secure a conviction for murder, as is 'felony murder' (constructive murder in Australia).


There is a statutory defence of provocation in NSW law - Section 23 of the Crimes Act, if provocation is proven and the person would have otherwise been convicted of murder, directs the jury to find the defendant not guilty of murder but guilty of manslaughter. However, this is not the case in Victoria - the Crimes Act 1958 (VIC), in Section 3B, states:

The rule of law that provocation reduces the crime of murder to manslaughter is abolished.[25]

Under Victorian law, it is illegal to kill, by unlawful means, an unborn child that is capable of being born alive. [26] This offence is termed child destruction in the Act. For example, if Person A assaulted Person B with intent to kill B's unborn child, Person A is guilty of child destruction and assault - and thus would be liable, under Victorian law to 15 years imprisonment for child destruction plus 5 years imprisonment for assault.


In any legislature within Australia, the maximum penalty for murder is life imprisonment. NSW law follows the 'life means life' construction [27]; therefore the maximum sentence is life without possibility of parole.


Canada

As defined in the Criminal Code of Canada, murder is considered one type of culpable homicide, distinguished from the offences of manslaughter or infanticide. [28] The Canadian Criminal Code (formal title An Act respecting the Criminal Law) is the codification of most of the criminal offenses and procedure in Canada. ... In sociology and biology, infanticide is the practice of intentionally causing the death of an infant of a given species, by members of the same species - often by the mother. ...


First and second degree

In Canada, murder is classified as either first or second degree.[29]

  1. First degree murder is a murder which is (1) planned and deliberate, (2) contracted, (3) committed against an identified peace officer, (4) while committing or attempting to commit one of the following offences (hijacking an aircraft, sexual assault, sexual assault with a weapon, aggravated sexual assault, kidnapping and forcible confinement or hostage taking), (5) while committing criminal harassment, (6) committed during terrorist activity, (7) while using explosives in association with a criminal organization, or (8) while committing intimidation. [30]
  2. Second degree murder is all murder which is not first degree murder.

In the broad sense a peace officer is any public sector person charged to uphold the peace. ...

Manslaughter and infanticide

1. Manslaughter is any culpable homicide which is not murder or infanticide. To kill someone with a deadly weapon, or may not be so.[31]


2. Infanticide is the killing of a newly-born child by its mother where the mother's mind was disturbed as a result of giving birth or of consequent lactation. It is a type of homicide but is excluded from murder.[32]


Penalties

The maximum penalties for murder are:

  1. first degree murder - mandatory life imprisonment without the possibility of parole for 25 years (can be paroled under the Faint-Hope Clause after 15 years imprisonment, but such a reduction is rarely given and is not available for multiple murders)
  2. second degree murder - mandatory life imprisonment without the possibility of parole for 10-25 years (parole eligibility determined by the judge at sentencing) (exception: if the person had committed another murder in their past, parole eligibility is 25 years)

There is a clause where persons convicted of any "personal injury offence" meeting the statutory criteria to be declared a "dangerous offender." A dangerous offender is sentenced for an indeterminate period of imprisonment and is eligible for parole after serving at least 7 years. An offender convicted of 1st or 2nd degree murder is ineligible to be declared a dangerous offender. However, an offender convicted of manslaughter can be declared a dangerous offender. In Canada, the so-called Faint-Hope Clause (Section 745. ...


Any sentence imposed in addition to a life sentence must be concurrent.


Statistics

In Canada there are about 2.6 attempted murders per 100,000 population in 2006. [33] Attempted murder carries the same consequences as murder itself; it is the intent, not the result, that determines the sentence.


In 2006 the homicide rate in Canada was 1.85 per 100,000 people or approximately 604 homicides per year. Of these victims, 442 were male, 162 were female.[34] The rate has remained close to stable for the past 10 years. This is equivalent to numbers in most of the western world, except the U.S. which has almost triple the number per capita.[citation needed] The main methods of murder in Canada are shootings (30%), stabbings (30%), and beatings (22%).


About 170 Canadians homicides per year (excluding unsolved cases) are committed by a family member, of which 63 were by husbands, 16 by wives, 42 by parents, 19 by children and 9 by siblings. [35]


One in six homicides in 2006 was gang related according to police reports.[36]About 75% of 2006 homicides in Canada had been caught by 2007.[36]


Wales and England

Further information: murder in English law

Statistics show that there were 859 homicides in Wales and England in one year (April 2004- March 2005, [1]). This is low compared to the United States with 16,137 murders in 2004 [2], however these are numbers which do not take different population sizes into account: a better perspective can be gained by comparing murders per year to population (1.6 murders for every hundred thousand people in England and Wales, 5.5 in the USA, and 62 in Colombia - source). Because the newspaper coverage tends to focus on the more lurid or controversial cases (e.g. Tony Martin), there is considerable public misunderstanding as to the actual law. The Law Commission Final Report on Partial Defences to Murder (2004) [3] commissioned research to determine the extent of this misunderstanding and reported at 2.35: In English law, murder is considered the most serious form of homicide where one person kills another either intending to cause death or intending to cause serious injury in a situation where death is virtually certain (originally termed malice aforethought even though it requires neither malice nor premeditation). ... This article is about the country. ... For other uses, see England (disambiguation). ... Anthony Edward Martin (born 1944) is a Norfolk farmer and cause célèbre as a result of his action in shooting two burglars who were robbing his home; he was convicted of murder and sentenced to life in prison, but his conviction was reduced to manslaughter on appeal. ...

The notion that all murders, as the law is presently framed, represent instances of a uniquely heinous offence for which a single uniquely severe penalty is justified does not reflect the views of a cross section of the public when asked to reflect on particular cases.

Although the sample was small, the research showed that the public accepts a range of culpability within the definition of murder and so rejects the idea of a single mandatory life sentence. The Report also lists all the main European and common law definitions for homicide at 2.53/2.54.


In English law, the definition of murder is: English law is a formal term of art that describes the law for the time being in force in England and Wales. ...

The unlawful killing of a human being, under the Queen's Peace, with "malice aforethought").

Contrast this with the original definition by Sir Edward Coke CJ in 1597 of: Malice Aforethought is a 1931 murder mystery novel written by Anthony Berkeley Cox, using the name Francis Iles. ... Sir Edward Coke Sir Edward Coke (pronounced cook) (1 February 1552 - 3 September 1634) was an early English colonial entrepreneur and jurist whose writings on the English common law were the definitive legal texts for some 300 years. ...


Murder is when a man of sound memory, and of the age of discretion, unlawfully killeth within any country of the realm any reasonable creature in rerum natura under the King's peace, with malice aforethought, either expressed by the party or implied by law, so as the party wounded, or hurt, etc. die of the wound or hurt, etc. within a year and a day after the same.


Note that it is no longer necessary for the victim to die within a year and a day of the offence,[37] nor for the victim to be a reasonable creature.


Specific statutory instances of situations where death is caused are:

  • Infanticide - Under s1 Infanticide Act 1938, the intentional killing of an infant under 1-year-old by a mother suffering from post-natal depression or other post-natal disturbance represents an early form of diminished responsibility defence and
  • Causing death by dangerous driving (of a motor vehicle) was introduced because jurors, many of whom were drivers, thought the charge of manslaughter to carry too great a level of stigma for the degree of fault actually shown by some drivers and refused to convict when the charge was manslaughter. Now motor manslaughter is considered an acceptable charge for the more seriously dangerous examples of driving resulting in death, with aggravated TWOC for the least seriously dangerous driving resulting in death.

The aggravated form of criminal damage, including arson, under s1(2) Criminal Damage Act 1971 could be the anticipatory offence rather than a charge of attempted murder. In sociology and biology, infanticide is the practice of intentionally causing the death of an infant of a given species, by members of the same species - often by the mother. ... For the law in other criminal jurisdictions, see diminished responsibility. ... In English criminal law, the offence of causing death by dangerous driving is currently defined by the Road Traffic Act 1991 but, following Adomako [1995] 1 AC 171, the offence of motor manslaughter may now be the preferred charge. ... For jury meaning makeshift, see jury rig. ... It has been suggested that Voluntary Manslaughter be merged into this article or section. ... TWOC is an acronym standing for Taken Without Owners Consent. ... The Skyline Parkway Motel in Afton, Virginia after an arson fire on July 9, 2004. ... Under English law, the Criminal Damage Act 1971 is the main statute covering damage to property. ... The crime of attempt occurs when a person does an act amounting to more than mere preparation for a criminal offense, with specific intent to commit a crime, if that act tends but fails to effect the commission of the offense intended. ...


Any other killing would be considered either manslaughter in English law or an accident. For a discussion of the law in other countries, see manslaughter In the English law of homicide, manslaughter is a less serious offence than murder with the the law differentiating between levels of fault based on the mens rea (Latin for a guilty mind). Manslaughter may be either: Voluntary where...

  • Voluntary manslaughter is murder mitigated to manslaughter by virtue of the statutory defences under the Homicide Act 1957, namely provocation, diminished responsibility or suicide pact.
  • Involuntary manslaughter is the killing of another person whether by act or omission either while committing an unlawful act (known as constructive manslaughter) or by gross negligence.

English Law also allows for transferred malice. For example, where a man fires a gun with the intent to kill person A but the shot misses and kills an otherwise unconnected person B, the intent to kill transfers from person A to person B and a charge of murder would stand. The accused could also be charged with the attempted murder of A. Under English law, the Homicide Act 1957 was enacted as a partial reform of the common law offence of murder by abolishing the doctrine of constructive malice (except in limited circumstances) and by introducing the partial defences of provocation, diminished responsibility and suicide pact. ... For an description of the general principles, see provocation (legal). ... For the law in other criminal jurisdictions, see diminished responsibility. ... A suicide pact describes the suicides of two or more individuals in an agreed-upon plan. ... English law is a formal term of art that describes the law for the time being in force in England and Wales. ... Transferred intent is a doctrine used in both criminal law and tort law that is applied when the intent to harm one individual inadvertently causes a second person to be hurt instead. ... This article does not cite its references or sources. ...


As to mens rea, the model direction to be given to juries for Intention in English law following R v. Woollin [4], is a modified version of that proposed by Lord Lane, C.J. in R v Nedrick [1986] 1 WLR 1025, namely: The mens rea is the Latin term for guilty mind used in the criminal law. ... In English criminal law, intention is one of the types of mens rea (Latin for guilty mind) that, when accompanied by an actus reus (Latin for guilty act) constitutes a crime. ...

Where the charge is murder and in the rare cases where the simple direction is not enough, the jury should be directed that they are not entitled to infer the necessary intention, unless they feel sure that death or serious bodily harm was a virtual certainty (barring some unforeseen intervention) as a result of the defendant's actions and that the defendant appreciated that such was the case, the decision being for the jury to decide on a consideration of all the evidence.

The defences of duress and necessity in English law are excluded from murder cases. An exception is Re A [2000], a case involving a pair of conjoined twins. However, the judge noted the legal adage that 'hard cases make bad law' and recommended that the precedent should not be followed. A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute. ... For a general discussion of the principles, see duress In English law, duress is a defence which allows a limited excuse in favour of those who commit crimes because they are forced or compelled to do so against their will by the threats of another. ... For the discussion on general principles and policy, see necessity In English law, the defence of necessity recognises that there may be situations of such overwhelming urgency that a person must be allowed to respond by breaking the law. ...


Comparatively recent adaptations to the English law of murder include the abolition of the "year and a day rule", and the proposed introduction of a less restrictive regime for corporate manslaughter. The Law Commission Consultation Paper No. 177 also advocates a redefinition of murder and a limitation of the scope of manslaughter [5] Corporate manslaughter is a term in English law for an act of homicide committed by a company. ...

See also: born alive rule

The born alive rule is a legal principle that holds that various aspects of the criminal law, such as the statutes relating to homicide and to assault, apply only to a child that is born alive. Recent advances in the state of medical science have led to court decisions that...

Finland

In Finland, murder is defined as homicide with at least one of four aggravating factors:

  1. Deliberate intent
  2. Exceptional brutality or cruelty
  3. Significantly endangering public safety
  4. Committed against a public official engaged in enforcing the law.

Further, the offense considered as a whole must be aggravated. A murder doesn't expire.


The only possible punishment for murder is life imprisonment. Typically, the prisoner will be pardoned by the Helsinki Court of Appeals after serving 12 to 14 years of his sentence, but this is not automatic. The President can also give pardon, and previously this used to be the only possibility. The President of Finland is the Head of State of Finland. ...


In jurisprudence, the comparison of an actual crime against "especially brutal or cruel way"-standard has been understood to mean comparison to "usual" homicide cases. In recent cases, the Finnish Supreme Court has not considered a single axe stroke on the head, or strangulation to be "especially brutal or cruel". On the other hand, causing death by jumping on a person's chest and head and firing over 10 times upon a person's torso have been considered to fulfill the standard.


The only sentence for murder is life in prison. Until 2006, this meant an actual life sentence which could be pardoned only by the president. However, since the 1960s presidents have regularly given pardons to practically all offenders after a period of 12-15 years. In 2006, the legislation was changed so that all life sentences are reviewed by an appellate court after they have been executed for 12 years. If the convict is still deemed a danger to society, his case will be reviewed every two years after this. Involuntary confinement to a psychiatric institution may also result, sometimes after the sentence is served. The involuntary treatment ends when the psychiatrist decides so, or when a court decrees it no longer necessary in a periodical review.


If the pre-requisites are not fulfilled, but the homicide has been deliberate and pre-meditated, the convict is sentenced for second degree murder (tappo) to a minimum of eight years in prison. There is also the crime of voluntary manslaughter (surma), which is a homicide under mitigating/extenuating circumstances, with the punishment of four to ten years. Involuntary manslaughter (kuolemantuottamus) has a maximum punishment of two years of imprisonment or fine (see day fine). Infanticide carries a punishment of at least four months and at most four years in prison. Murder is both a legal and a moral term, that are not always coincident. ... It has been suggested that this article or section be merged into manslaughter. ... Murder is both a legal and a moral term, that are not always coincident. ... The day-fine (Finnish: päiväsakko, Swedish: dagsbot) is a unit of fine payment that, above a minimum fine, is based on the daily personal income. ...


France

In the French Penal Code murder is defined by the intentional killing of another person. There is no distinction between murder and manslaughter and both are punished by a minimum of 1 year (seen in case of euthanasia)[38] [39] up to a maximum of 30 years of criminal imprisonment.[40] Assassination (murder with premeditation)[41] and murder in some special case (if the victim is under 15, parents, child, people with disabilities, police officer etc.)[42] are punished by a jail time up to life imprisonment. In France except for recidivist[43] the minimum sentence in criminal prosecution is one year of imprisonment, imprisonment which may be suspended if the term of the sentence is under 5 years.[44] It has been suggested that this article or section be merged with Criminal Code. ... Assassin and Assassins redirect here. ...


Germany

In Germany the term Mord (murder) is officially used for the intentional killing of another person, but only if the case is especially severe. The requirements can be read in § 211 of the German criminal law, Strafgesetzbuch (StGB). The Strafgesetzbuch is the German, Swiss, Liechtenstein and Austrian criminal law. ...

I. The murderer shall be punished with imprisonment for life. II. A murderer is, whoever kills a human being out of murderous lust, to satisfy his sexual desires, from greed or otherwise base motives,(1) treacherously or cruelly or with means dangerous to the public or in order to commit or to cover up another crime.

German criminal law, Strafgesetzbuch (StGB), § 211.

Those qualifying circumstances are categorized into three groups: 1. detestable motive 2. detestable way of committing the crime 3. detestable purpose/aim of the criminal. The Strafgesetzbuch is the German, Swiss, Liechtenstein and Austrian criminal law. ...


Intentional killing that isn't murder usually fulfills § 212 (Totschlag = killing: similar to second-degree murder, however actually any case of killing that is not fulfilling the qualifications of murder as seen above - actually the same as Tötung (killing) in Swiss law).


The current form of § 211 StGB was created in the year 1941. Before that the differentiation between Mord (murder) and Totschlag (killing) was, that Mord was killing "with premeditation" ("mit Überlegung" - directly translated: with consideration, however that is just another legal word for the same concept) and Totschlag without (1871-1941). However this differentiation was considered too vague. The reform was orientated on discussions for the reform of the Swiss StGB, which also had the same differentiation. It took over the idea and mainly also the wording of the reform commission for the Swiss StGB headed by Stoss in 1896. With this version, the differentiation between Mord and Totschlag contains problems. This led to ongoing discussions in the legal community about the wording, the interpretation and also about a reform of the law.[citation needed]


If the victim of a killing earnestly wanted to be killed (for example, when suffering an incurable disease) the crime would be Tötung auf Verlangen (killing on demand, § 216 StGB) which would result in 6 months to 5 years in prison (usually suspended) – basically, mercy killing. In 2002, there was a cannibal case in which the offender, Armin Meiwes, claimed that the victim wanted to be killed. The court convicted him of "Totschlag", since they didn't see the qualifications of a murder. Both prosecution and defense appealed, the prosecution in order to reach a guilty of murder verdict, the defense in order to reduce the charge to killing on demand. The German "Bundesgerichtshof", the highest German court of appeal, eventually convicted him of murder. [45] Armin Meiwes (born December 1, 1961) is a German who achieved international notoriety for killing and eating a voluntary victim he had found via the Internet. ...


If the killing was due to negligence it is punished according to § 222 StGB as fahrlässige Tötung (negligent homicide or manslaughter). Many cases in this field are car accidents due to negligence that result in the death of a person.


If the death is a negligent consequence of an intended act of violence, it is classified as Körperverletzung mit Todesfolge (injury resulting in death).


Penalties

The penalty for Mord is lifelong imprisonment, which is usually suspended after 17-18 years (15 years minimum) on a probation of 5 years or if the court decided on a special gravity (Feststellung der besonderen Schwere der Schuld), the sentence can only be suspended much later, earliest after 18 years but usually after 22-23 years (the law states that a suspension after 15 years is not possible for "special gravity" crimes, but provides no explicit minimum served time). The penalty for Totschlag is five to fifteen years in prison and in especially grave cases life time imprisonment (minimum sentence 15 years). Especially grave cases are very rare, because usually such case already fall under Mord (§ 211). In lesser cases ("minderschwerer Fall", § 213) the prison sentence is one to ten years. The law itself gives one example for a minor case: the killing due to the provocation of the killed person, e.g. if the killed person has beaten him or one of his relatives or has severely insulted them and the killer acted under the influence of great anger. The lesser case of Totschlag is similar. In law, a sentence forms the final act of a judge-ruled process, and also the symbolic principal act connected to his function. ...


Felony murder

German criminal law also knows the institute of the felony murder which also carries a life-long sentence, however only if a person is intentionally or negligently killed in the course of a robbery, a kidnapping or a sexual assault. Actually only if the killing was intended by the criminal it is called murder. Intention also includes cases very the criminal knows, that the victim could die, if he simply takes that into account for other purposes.


Robbery with deadly outcome

If the killing was due to gross negligence the criminal can be punished for robbery with deadly outcome (Raub mit Todesfolge) according to § 251. The punishent is a lifetime prison sentence or a prison sentence not below 10 years. The same applies for rape with deadly outcome (§ 178: Vergewaltigung mit Todesfolge) and other crimes.


Attempted suicide

Noteworthy is also that (attempted) suicide and therefore aiding and abetting a person intent on killing himself is not punishable by German criminal law.


Before 1949 the usual punishment for Mord (§ 211) in Germany was capital punishment, except in less severe cases. But due to the Nazi mass murders and death sentences, it was abolished in West Germany in 1949 when Germany's constitution, the Grundgesetz, came into use. In East Germany the death penalty was abolished in 1987. After the 1950s it was very rarely used. Capital punishment, or the death penalty, is the execution of a convicted criminal by the state as punishment for crimes known as capital crimes or capital offences. ... National Socialism redirects here. ... The Basic Law for the Federal Republic of Germany (German: Grundgesetz für die Bundesrepublik Deutschland) is the constitution of modern Germany. ... This article is about the state which existed from 1949 to 1990. ...


Hong Kong

There's one ordinance that governs all the crimes against persons, termed as Offences Against the Person Ordinance (HK Laws. Chap 212)


Murder

  • "Any person who is convicted of murder shall be imprisoned for life." (Section 2 Murder)
  • The judge have discretion power to determine to sentence when the defendant is under 18 during the commission of the crime.
  • Those who conspired or solicit murder are also subject to life imprisonment under section 5
  • No punishment shall be incurred by any person who kills another by misfortune, or in his own defence, or lawfully in any other manner. (Excusable homicide, section 8)

Attempted Murder

  • Attempted murder using poison, wounding another (section 10), by destroying or damaging building (section 11), setting fire to or casting away ship (section 12) and attempting to shoot or drown (section 13), all have penalty of life imprisonment
  • Attempted murder by other means not specified above (section 14) shall be liable to imprisonment for life

Manslaughter

"Any person who is convicted of manslaughter shall be liable to imprisonment for life and to pay such fine as the court may award." (Section 7 Manslaughter)


Act against infant

  • Anyone attempt to procure the miscarriage of any woman, whether she was or was not with child, has unlawfully administered or caused to be taken by her any poison or other noxious thing, or has unlawfully used any instrument or other means whatsoever with the like intent is liable for life imprisonment (section 46)
  • Child is not born
Anyone with intent to destroy the life of a child capable of being born alive, by any wilful act causes a child to die before it has an existence independent of its mother shall be guilty of child destruction, and shall be liable to be punished as if he were guilty of manslaughter.

(Section 47B Child destruction)

  • Child is born

If a woman does or does not do something for her baby's death,

the act or omission the balance of her mind was disturbed by reason of her not having fully recovered from the effect of giving birth to the child or by reason of the effect of lactation consequent upon the birth of the child

, then instead of being charged with murder, infanticide, with the penalty of manslaughter, would apply. (Section 47C Infanticide)

Suicide

  • Suicide used to be a crime, as with the UK.
  • "A person who aids, abets, counsels or procures the suicide of another, or an attempt by another to commit suicide, shall be guilty of an offence triable upon indictment and shall be liable on conviction to imprisonment for 14 years" (section 33b)

Israel

Israel had 173 murders in 2004, compared to 147 murders in 2000. [46] Two particular characteristics of homicide in Israel are the terrorist attacks and (so called) honour killings. An honor killing (Sindhi: ڪارو ڪاري) is most commonly the murder of a female, and sometimes her love-interests or other associates, for supposed sexual or marital offenses. ...


There are five types of homicide in Israel:

  1. Murder - The premeditated killing of a person, or the intentional killing of a person whilst committing, preparing for, or escaping from any crime, is murder. The mandatory punishment for this crime is life imprisonment. Life is usually commuted (clemency from the President) to 30 years from which a third can be deducted by the parole board for good behaviour. Arab terrorists are not usually granted pardons or parole other than as part of deals struck with Arab terrorist organisations or foreign governments and in exchange for captured Israelis or their corpses.
  2. Reduced sentence murder - If the murderer did not fully understand his actions because of mental defect (but not legal insanity or imbecility), or in circumstances close to self-defence, necessity or duress or where the murderer suffered from serious mental distress because of long-term abuse, the court can give a sentence of less than life. This is a new addition to the Israeli penal code and has been rarely used.
  3. Manslaughter - The deliberate killing of a person without premeditation (or the other circumstances of murder) is manslaughter for which the maximum sentence is 20 years. The sentence depends on the particular circumstances of the crime and its perpetrator.
  4. Negligent killing or vehicular killing - Maximum sentence is 3 years (minimum of 11 months for the driver). The perpetrator in this situation can expect to receive some jail time of about 6 - 12 months.
  5. Infanticide - The killing of a baby less than 12 months old by its mother where she can show that she was suffering from the effects of the birth or breast-feeding. Maximum sentence is 5 years.

After giving birth, about 70-80% of women experience an episode of baby blues, feelings of depression, anger, anxiety and guilt lasting for several days. ...

Italy

By Italian law, murder (omicidio) is regulated by articles 575-582, 584-585, and 589 of the Penal Code (Codice Penale). In general, according to Art.575, "whoever causes the death of a human being is punishable by no less than 21 years in prison"; nevertheless, the law indicates a series of circumstances under which murder has to be punished with life in prison.


It must also be noted that, according to Italian law, any sentence of more than 5 years perpetually deprives (Interdizione perpetua dai Pubblici Uffici) the condemned person of: the voting rights; the ability to exercise any public office; the ability to be employed in any governmental or para-statal position (articles 19, 28, 29). The convict for life is also deprived of his/her quality of parent: the children are either given in custody to the other parent or hosted in a public structure (art.32).


In detail, according to articles 576 and 577 is punishable with life imprisonment murder committed: Life imprisonment is a sentence of imprisonment for a serious crime, nominally for the entire remaining life of the prisoner, but in fact for a period which varies between jurisdictions: many countries have a maximum possible period of time (usually 50 years) a prisoner may be incarcerated, or require the...

  1. In order to commit another crime, or in order to escape, of favor, or take advantage from another crime (art.61, sect.2);
  2. Against a next of kin (parent or child) and either through insidious means, with premeditation, cruelly, of for futile motives;
  3. By a fugitive in order to escape capture, or in order to acquire means of subsistence;
  4. While raping or sexually assaulting a person (articles 519, 520, 521).
  5. In a cruel way and/or through the use of torture (art.61, sect.1);
  6. For abject and/or futile motives (art.61, sect.4);
  7. Against a next of kin (parent or child);
  8. Through insidious means;
  9. With premeditation.

Cases 1 through 4 (art.576) used to be considered capital murder, and therefore punishable by death by firing squad. Since 1946, though, death penalty was discontinued in Italy, and death was substituted with life imprisonment . Sentences for murder under cases 5 through 9 (art.577). instead, are subject to parole or probation.A person that is serving a life sentence can reach libertà condizionata The Third of May by Francisco Goya Execution by firing squad is a method of capital punishment, particularly common in times of war. ... Life imprisonment is a term used for a particular kind of sentence of imprisonment. ... Article 176 of the Italian Penal Code concerns libertà condizionata (English: conditional release, or parole. ...


Besides the criminal murder detailed above, in Italian law the following cases also exist:

  1. Infanticide - (Infanticidio in condizioni di abbandono materiale e morale), murder of the infant immediately following the birth committed by the mother who is in conditions of material or moral disorder, is punishable with a sentence between 4 and 12 years (art. 578).
  2. Killing on demand - (Omicidio del consenziente), the action to kill someone with his/her consent, is punishable with a sentence between 6 and 15 years. This, however, is considered murder if the victim, when giving his/her consent, was under the age of 18, intoxicated, mentally disable, or if the consent was obtained through violence, menace, or deception (art.579).
  3. Assistance or instigation of suicide - (Istigazione o aiuto al suicidio), the action to help someone to commit suicide, or to convince someone to commit suicide, is punishable with a sentence between 5 and 12 years if the suicide succeeds, or between 1 and 5 years if it does not succeed but a body injury has been made. This , however, is considered murder if the suicide is under the age of 14 (art.580).
  4. Injury resulting in death - (Omicidio preterintenzionale) occurs when, as a result of a deliberated act of violence not meant to kill (articles 581,582), the death of a person occurs. This crime is punishable with a sentence between 10 and 18 years (art.584). This sentence can be increased from one third to one half (up to 27 years) if a circumstance stated by articles 576 and 577 occurs, or if a weapon is used (art.585).
  5. Manslaughter - (Omicidio colposo), the action of causing the death of a person without intention, is punished with a sentence between 6 months and 5 years. If the victims are more than one as a consequence of the same act, multiple counts can be added up to 12 years in prison (art.589).

The Netherlands

By Dutch law, murder (moord) is punishable by a maximum sentence of life imprisonment, which is the longest prison sentence the law allows. A common misconception is that the maximum sentence is 30 years (20 until 2006): this is the longest sentence that can be imposed other than life imprisonment. However, a life sentence is only imposed under special circumstances, such as multiple murders or prior convictions. The average sentence is 12 to 15 years[citation needed]. In addition to a prison sentence, the judge may sentence the suspect to TBS, or 'terbeschikkingstelling', meaning detention in a psychiatric institution, sometimes including forced treatment. TBS is imposed for a number of years (most often in relation to the severity of the crime) and thereafter prolonged if deemed necessary by a committee of psychiatrists. This can be done indefinitely, and has therefore been criticized as being a life sentence in disguise. Voluntary manslaughter (doodslag) is punishable by a prison sentence of up to 15 years, or life imprisonment when committed during the commission of a crime or as an act of terrorism. Involuntary manslaughter (dood door schuld) is punishable by a prison sentence of up to two years. If involuntary manslaughter is caused by recklessness, the maximum sentence that can be imposed is four years. Life imprisonment is a sentence of imprisonment for a serious crime, nominally for the entire remaining life of the prisoner, but in fact for a period which varies between jurisdictions: many countries have a maximum possible period of time (usually 50 years) a prisoner may be incarcerated, or require the... Detention generally refers to a state or government holding a person in a particular area, either for interrogation, as punishment for a wrong, or as a precautionary measure while investigating a potential threat posed by that person. ...


Norway

In Norway any act of murder (mord or drap) is generally split into three categories; planned murder, intentional murder or murder as a result of neglect.


Categories of murder

  1. Planned murder or First Degree Murder - (overlagt drap) is a murder committed with the intention of taking the life of another, by a person fully sane and aware of what he/she is doing, and having planned the act of murder ahead. Planned murder is punished with up to 21 years of imprisonment. Under special circumstances, like a murder of severe cruelty, or if there is reason to believe the offender may commit murder again, additional years of imprisonment can be given.[6] This usually takes place at a court hearing near the end of the sentence.
  2. Intentional murder or Second Degree Murder -(forsettlig drap) is a murder committed with the intention of taking the life of another, by a person fully sane and aware of what he/she is doing, without the act of murder having been planned ahead. Murder of passion usually falls into this category. Intentional murder is punished by 6 to 12 years of imprisonment. [7]
  3. Murder as a result of neglect or Manslaughter - (uaktsomt drap) is defined as a case were someone has been killed as a result of the offenders neglect. For example, a car driver may be convicted for murder if someone is killed as a result of his/her careless driving. Murder as a result of neglect is punishable by 3-6 years, depending on the circumstances. [8]

Other forms of murder

Assisted suicide is generally illegal in Norway, and will in most cases be treated as planned murder, although the punishment may be milder depending on the circumstances.


Euthanasia (aktiv dødshjelp) has been much debated in Norway. Some groups have expressed that it should be legal in cases where the victim is sane and fully aware of what he/she is asking for. Acts of euthanasia, however, are illegal, and are treated as any other form of assisted suicide. For mercy killings not performed on humans, see Animal euthanasia. ...


Portugal

Overview

The Portuguese Penal Code was adopted in 1982 and has been revised on several occasions, most recently in 2007. It devotes a whole chapter on "crimes against human life". In fact, the very first crime addressed on that code is murder. The Portuguese Constitution (adopted in 1976) expressly forbids the death penalty (art. 24, § 2) and life imprisonment (art. 30, § 1). Additionally, since 1997, the Constitution does not allow the extradition of anyone who would be subject to any of those two forms of punishment at the requesting country. Unless binding assurances are given that the suspect will not be sentenced to either death penalty or life imprisonment, the extradition must be rejected. Capital punishment, or the death penalty, is the execution of a convicted criminal by the state as punishment for crimes known as capital crimes or capital offences. ... Life imprisonment is a sentence of imprisonment for a serious crime, nominally for the entire remaining life of the prisoner, but in fact for a period which varies between jurisdictions: many countries have a maximum possible period of time (usually 50 years) a prisoner may be incarcerated, or require the... Extradition is the official process by which one nation or state requests and obtains from another nation or state the surrender of a suspected or convicted criminal. ... Capital punishment, or the death penalty, is the execution of a convicted criminal by the state as punishment for crimes known as capital crimes or capital offences. ... Life imprisonment is a sentence of imprisonment for a serious crime, nominally for the entire remaining life of the prisoner, but in fact for a period which varies between jurisdictions: many countries have a maximum possible period of time (usually 50 years) a prisoner may be incarcerated, or require the...


Additionally, the Penal Code states that no person may be sentenced to a prison term longer than 25 years, whichever crimes he or she has been found guilty of committing. Therefore, a multiple murderer - no matter how many actual homicides - will not serve more than 25 years in prison. Likewise, in the case murder is committed in addition to other fellonies, the defendant will be sentenced to a single prison term, for a period no longer than 25 years, encompassing the applicable terms for each crime committed.


It should also be mentioned that, according the Portuguese Penal Code, only very rarely will a sentence of less than 5-years imprisonment be enforced. In fact, article 75, § 1, states that if an offence is punishable by a prison term or another non-detentive form of punishment, the court should opt for the non-detentive punishment "if this punishment will satisfy adequately the objectives of the criminal law."


Therefore, someone convicted to up to 5 years in prison will be put on probation or (if the sentence if for less than 3 years) will simply have the prison sentence suspended. If the convicted felon commits another intentional crime during the period of suspension or probation, he or she will serve fully the prison term. Probation or term-suspension usually will only be denied in the case of criminals with very long criminal records.


Homicide

Intentional murder, or homicide, is split into two categories, much like the American classification of murder in the first degree and murder in the second degree discussed above. Homicide, or wilful and intentional murder (art. 131 of the Penal Code), is punishable with a prison sentence of no less than 8 years and no longer than 16 years. Aggravated homicide(art. 132 of the Penal Code) is considered any wilful and intentional act in which death is provoked under particularly censurable or malicious circumstances, and is punishable with a prison term of no less than 12 and no longer than 25 years. The following circumstances are adequate to constitute a case of aggravated homicide:

a) When the murderer is a descendant or an ascendant, either by blood or adoption, of the victim.
b) When the victim is the spouse, former spouse, or person of the same or different with sex with whom the felon had a marital relationship, even if not a member of the same household, or the other parent of the son or daughter of the felon.
c) When the victim is especially defenceless, due to his/her age, handicap, illness or pregnancy.
d) When the murder employs torture or other act of cruelty to enhance the victim's sufferance.
e) When the murder is determined by greed, by the pleasure of causing death or suffering, for personal enjoyment or sexual gratification or any other futile motive.
f) When the murder is determined by racial, religious or political hatred or motivated by the colour, ethnical or national origin, sex or the sexual orientation of the victim.
g) When the murder takes place in order to prepare, facilitate, execute or dissimulate another crime, or to facilitate the escape from the authorities.
h) When the act is carried out in conjunction with, at least, another two people or when an especially dangerous mean is used to cause death.
i) When poison or any other insidious mean is used to cause death.
j) When the intent to commit murder has persisted for longer than 24 hours.
l) When the victim is the holder of public office, a docent, a minister of any religious cult, a judge or referee of any federated sport, and the act is related and caused by the exercise of said functions.
m) When the murderer is a public servant (e.g. a police officer) and the act takes place with serious abuse of authority.

Other than homicide and aggravated homicide, the Penal Code also has provisions for other forms of intentionally and unlawfully causing someone's death:

  • Privileged homicide (art. 133) - when the murder takes place under an understandable violent emotion, compassion, despair or other socially or morally relevant motive, such as to significantly diminish the murderer's degree of guilt. Punishment in this case is prison for 1 to 5 years.
  • Homicide by request (art. 134) - when the murder is carried out at the serious, constant and explicit request of the victim. Punishment is prison for 6 months to 3 years.
  • Inciting or assisting suicide (art. 135) - if someone incites or assists another person to commit suicide, he or she is sentenced to prison for 6 months to 3 years. The punishment is increased to a prison term of 1 to 5 year, in the case the victim is under 16 years old or has, in any way, his or her capacity impaired.
  • Infanticide (art. 136) - when the mother, under the disturbing influence of delivering the baby, commits murder while delivering it, or immediately afterwards. Punishment is 1 to 5 years imprisonment.
  • Abortion (art. 140) - abortion carried out without the consent of the pregnant woman is punishable with imprisonment for 2 to 8 years. Abortion with the consent of the pregnant woman carries a prison term of 6 months to 3 years; the same penalty applying to the woman consenting to the abortion. However, abortion is not punishable if carried out at a registered clinic or hospital, at the request of the pregnant woman, until the tenth week of pregnancy (or later, in some circumstances).

Manslaughter

Manslaughter, which art. 136 of the Penal Code refers to as homicide caused by negligence, is punishable with a prison term of no less than 6 months and no longer than 3 years, or a fine. If the death is caused by gross negligence the penalty the prison term is of 6 months to 5 years.


Additionally, unintentionally causing someone's death while committing a crime other than homicide is an aggravating factor in the determination of the punishment applicable to that specific crime. For example, if the crime of abandonment (exposing a defenceless person to a situation in which he or she will not to be able to cope with, therefore causing harm to the victim) results in the victim's death, the punishment is 3 to 10 years imprisonment, whereas the normal penalty would be 1 to 5 years. In another example, aggravated assault resulting in the death of the victim is punishable with 3 to 13 years imprisonment, whereas the usual penalty would be 2 to 10 years.


Conditional liberty

Inmates are usually not required to serve fully their prison terms. The Penal Code allows for the possibility of releasing them on conditional liberty ("liberdade condicional"), or parole. Parole is granted once one-half of the term has been served if both the following requirements are met: It has been suggested that Medical parole be merged into this article or section. ...

  • One would reasonably expect the inmate, given the circumstances of his or her life, previous conduct, personality and evolution during incarceration, to behave in a socially responsible way without committing crimes, if released.
  • The release of the convict will not endanger the public order nor aggravate the community.

If the second requirement is not met (which would be the case when the particular crime has cause huge uproar in the community), the inmate will be released once two-thirds of the prison term have been served, as long as the inmate is reasonably expected to behave in a socially responsible way without committing crimes, if released. Even if the inmate is not expected to behave in a socially responsible way, he or she is released once five sixths of the prison terms have been served, unless the inmate refuses to be released. Parole last for the remaining period of the unserved prison term, but no longer than 5 years. Once the period of parole is fully served in a satisfactory manner, the remaining unserved prison sentence is declared void.


Status of convicts and felons

Convicts and felons may not suffer any effect from their criminal conviction other than deprivation of liberty for the period of incarceration, unless the sentence specifically establishes other effects in a direct and reasonable relationship with the offence committed. Convicts do not loose any right or entitlement due to their conviction, namely political rights. In fact, on election day polling stations are set up at the major prison establishments so that inmates may exercise their right to vote, if they so wish. Any criminal conviction registered on the felon’s criminal record is stricken after a certain period of time, depending on the gravity of the offence. In the case of murder, this fact would be stricken from the murderer's criminal record once 15 years have elapsed from fully serving his or hers sentence without committing any other offence.


Romania

In Romania as of 2005, there were reported 453 homicide cases, [47] and 231 as of June 2006. [48] According to the Romanian Penal Code, a person can face a penalty ranging from 10 to 25 years or life imprisonment for murder. (There are also mandatory restrictions of some constitutional rights for all types of murder.)[citation needed]


Degrees of murder

  • Murder - (10 to 20 years) Killing a person when no aggravating circumstances apply.
  • Qualified murder (15 to 25 years). Aggravating circumstances:
a) with premeditation
b) concerning a material interest
c) against spouse or close relative
d) taking advantage of victim's impossibility of self-defence
e) when putting in danger the lives of multiple persons
f) concerning job attributions of the victim
g) for facilitating or hiding another crime
h) in public
  • Extremely grave murder (15 to 25 years or life imprisonment). Aggravating circumstances:
a) committed in a cruel way
b) against two or more persons
c) by a person who had already committed a murder
d) in order to hide a robbery
e) against a pregnant woman
f) against a policeman, gendarme, magistrate or soldier (in connection with their public duties)
  • Negligent or accidental murder (1 to 5 years in simple form). Aggravating circumstances:
a) Caused by a professional in connection with his job for not respecting the legal dispositions (2 to 7 years)
b) By a vehicle driver with blood alcohol concentration (BAC) above legal limits or in a drunk state (5 to 15 years)
c) By a professional in a drunk state - in connection with his job duties (5 to 15 years)
d) When causing the death of two or more persons (5 to 15 years)
  • Infanticide (2 to 7 years).[citation needed]

Life imprisonment is a sentence of imprisonment for a serious crime, nominally for the entire remaining life of the prisoner, but in fact for a period which varies between jurisdictions: many countries have a maximum possible period of time (usually 50 years) a prisoner may be incarcerated, or require the...

Switzerland

In Switzerland murder (Mord, Assassinat or Assassinio respectively in German, French or Italian) is also used for the premeditated killing of another person, but only if the motives are cruel, disgusting or show an overall disrespect of human life. Penalty ranges from ten years to life in prison. Furthermore, homicide is considered murder if it is cruel (e.g. inflicts great pain on the victim) and/or unusual, done so using explosives or arson, or if it is done to satisfy perverse lusts. Any homicide not meeting these standards is considered to be a killing (Tötung, Meurtre or Omicidio), and the penalty is not as heavy. Most homicides in Switzerland are considered killings, with the penalty ranging from 5 to 20 years.


The Swiss equivalent for manslaughter is Totschlag, Meurtre passionel or Omicidio passionale. Killers are sentenced for Totschlag when they committed the crime in a very, and especially excusable, state of excitement (a "Crime of passion"). For example, a wife who's been mistreated by her husband for years, and kills him in a fit of rage, would be sentenced for Totschlag. The penalty is one to ten years in prison.


There are many other privileged variants of killing, similar to manslaughter, such as killing on demand of the "victim"; or assisted suicide, in which case the punishment is considerably lower; this latter is only punishable if there are selfish motives. The "assisted suicide" in general is not punishable.


The relevant articles of the Swiss Penal Code (Strafgesetzbuch) are 111 to 117 (and in a certain measure, 118 to 120), which can be read in the Swiss Penal Code, second book, in French [49], Italian [50], or German [51]. The Strafgesetzbuch is the German, Swiss, Liechtenstein and Austrian criminal law. ...


United States

In the United States, the principle of dual sovereignty applies to homicide, as to other crimes. If murder is committed within the borders of a state, that state has jurisdiction. If the victim is a federal official, an ambassador, consul or other foreign official under the protection of the United States, or if the crime took place on federal property or involved crossing state borders, or in a manner that substantially affects interstate commerce or national security, then the Federal Government also has jurisdiction. If a crime is not committed within any state, then Federal jurisdiction is exclusive: examples include the District of Columbia, naval or U.S.-flagged merchant vessels in international waters, or a U.S. military base. In cases where a murder involves both state and federal jurisdiction, the offender can be tried and punished separately for each crime without raising issues of double jeopardy. For theological federalism, see Covenant Theology. ... For other uses, see State (disambiguation). ... This article is about the federal government of the United States. ... For other uses, see Ambassador (disambiguation). ... This article is about the Roman rank. ... Article I, Section 8, Clause 3 of the United States Constitution empowers the United States Congress To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes. The Commerce Clause has been the subject of intense constitutional and political disagreement centering on the extent to... Security measures taken to protect the Houses of Parliament in London, England. ... ... Navy is also:- shorthand for Navy Blue the nickname of the United States Naval Academy A navy is the branch of the armed forces of a nation that operates primarily on water. ... USMM redirects here. ... The terms international waters or trans-boundary waters apply where any of the following types of bodies of water (or their drainage basins) transcend international boundaries: oceans, large marine ecosystems, enclosed or semi-enclosed regional seas and estuaries, rivers, lakes, groundwater systems (aquifers), and wetlands [1]. Oceans and seas, waters... For other uses, see Double jeopardy (disambiguation). ...


Modern codifications tend to create a genus of offenses, known collectively as homicide, of which murder is the most serious species, followed by manslaughter which is less serious, and ending finally in justifiable homicide, which is not a crime at all. Because there are 51 jurisdictions, each with its own criminal code, this section treats only the crime of murder, and does not deal with state-by-state specifics. Homicide (Latin homicidium, homo human being + caedere to cut, kill) refers to the act of killing another human being. ... The concept of justifiable homicide in criminal law stands on the dividing line between an excuse and an exculpation. ...


At base, murder consists of an intentional unlawful act with a design to kill and fatal consequences. Generally, an intention to cause great bodily harm is considered indistinguishable from an intention to kill, as is an act so inherently dangerous that any reasonable person would realize the likelihood of fatality. Thus, if the defendant hurled the victim from a bridge, it is no defense to argue that harm was not contemplated, or that the defendant hoped only to break bones. The reasonable man or reasonable person standard is a legal fiction that originated in the development of the common law. ...


Murder is the killing of human being with malice prepense. Malice can be expressed (intent to kill) or implied. Implied malice is proven by acts that involve reckless indifference to human life or in a death that occurs during the commission of certain felonies (the felony murder rule). The exact terms of the felony murder vary tremendously from jurisdiction to jurisdiction. Sentencing for murder in the United States has a mean of 349 months and a median of 480 months.[52] Specifically in the criminal law, malice aforethought (or malice prepense) is the element of mens rea (Latin for guilty mind) which must accompany the actus reus of death, in order to secure a conviction for murder under the common law. ...


Degrees of murder in the United States

Before the famous case of Furman v. Georgia in 1972, most states distinguished two degrees of murder. While the rules differed by state, a reasonably common scheme was that of Pennsylvania, passed in 1794: "Murder which shall be perpetrated by means of poison, or by lying in wait, or by any other kind of willful, deliberate, and premeditated killing, or which shall be committed in the perpetration or attempt to perpetrate, any arson, rape, robbery, or burglary, shall be deemed murder of the first degree (or capital murder in some states that carry the death penalty); and all other kinds of murder shall be deemed murder of the second degree."[53] "Murder one", as the term was popularized by novels and television, carried a penalty of death, or life in prison, while the penalty for "murder two" was generally around 80 years in prison. After the Supreme Court placed new requirements on the imposition of the death penalty, most states adopted one of two schemes. In both, third degree murder became the catch-all, while first degree murder was split. The difference was whether some or all first degree murders should be eligible for the most serious penalty (generally death, but sometimes life in prison without the possibility of parole.). Holding The arbitrary and inconsistent imposition of the death penalty violates the Eighth and Fourteenth Amendments, and constitutes cruel and unusual punishment. ... This article is about the U.S. State. ... For other uses, see Poison (disambiguation). ... The Skyline Parkway Motel in Afton, Virginia after an arson fire on July 9, 2004. ... Capital punishment, or the death penalty, is the execution of a convicted criminal by the state as punishment for crimes known as capital crimes or capital offences. ... This article is about the literary concept. ... Capital punishment, or the death penalty, is the execution of a convicted criminal by the state as punishment for crimes known as capital crimes or capital offences. ... It has been suggested that Medical parole be merged into this article or section. ...

  • The first scheme, used by Pennsylvania among other states:
  1. First Degree Murder: A premeditated murder, and (in some states) murders involving certain especially dangerous felonies, such as arson or rape, or committed by an inmate serving a life sentence.
  2. Second Degree Murder: Non pre-meditated killing.
  3. Third Degree Murder: Any other murder.
  1. First Degree Murder: Murder involving special circumstances, such as murder of a police officer, judge, fireman or witness to a crime; multiple murders; and torture or especially heinous murders. Note that a "regular" premeditated murder, absent such special circumstances, is not a first-degree murder; murders by poison or "lying in wait" are not per se first-degree murders. First degree murder is pre-meditated. [54] However, the New York Court of Appeals struck down the death penalty as unconstitutional in the case of People v. Taylor.[55]
  2. Second Degree Murder: Any premeditated murder or felony murder that does not involve special circumstances.[56]

Some states, such as California, simply preserved the old distinction between two degrees and have no offense called third degree murder. They simply have "first-degree murder" (leading to life in prison with a possibility of parole) and "first-degree murder with special circumstances" (leading to death or life without the possibility of parole), while second-degree murder continues to be the default category (punished by life in prison with a shorter term until parole eligibility). This article is about the U.S. State. ... Premeditated murder is the crime of wrongfully causing the death of another human being (also known as homicide) after rationally considering the timing or method of doing so, in order to either increase the likelihood of success, or to evade detection or apprehension. ... The Skyline Parkway Motel in Afton, Virginia after an arson fire on July 9, 2004. ... This article refers to an imprisoned person. ... This article is about the state. ... The Model Penal Code (MPC) is a statutory text which was developed by the American Law Institute (ALI) in 1962. ... The Court of Appeals is New Yorks highest appellate court, created in 1847, replacing the Court for the Trial of Impeachments and the Correction of Errors. ... Capital punishment, or the death penalty, is the execution of a convicted criminal by the state as punishment for crimes known as capital crimes or capital offences. ... It has been suggested that this article or section be merged into constitutionality. ... This article is about the U.S. state. ...


Other states use the term "capital murder" for those offenses that merit death, and the term is often used even in states whose statutes do not include the term. As of 2006, 38 states and the federal government have laws allowing capital punishment for certain murders and related crimes (such as treason, terrorism, and espionage). The penalty is rarely asked for and more rarely imposed, but it has generated tremendous public debate. See also capital punishment and capital punishment in the United States. For other uses, see Treason (disambiguation) or Traitor (disambiguation). ... Terrorist redirects here. ... Spy and Secret agent redirect here. ... Capital punishment, or the death penalty, is the execution of a convicted criminal by the state as punishment for crimes known as capital crimes or capital offences. ... Capital punishment is a controversial issue in the United States and, indeed, in most of the world, with many prominent organizations and individuals participating in the debate. ...


Fetal homicide in the United States
Main articles: Born alive rule and Feticide
Fetal homicide laws in the United States      "Homicide" or "murder".      Other crime against fetus.      Depends on age of fetus.      Assaulting mother.
Fetal homicide laws in the United States      "Homicide" or "murder".      Other crime against fetus.      Depends on age of fetus.      Assaulting mother.

Under the common law, an assault on a pregnant woman resulting in a stillbirth was not considered murder; the child had to have breathed at least once to be a human being. Remedies were limited to criminal penalties for the assault on the mother and tort action for loss of the anticipated economic services of the lost child and/or for emotional pain and suffering. With the widespread adoption of laws against abortion, the assailant could be charged with that offense, but the penalty was often only a fine and a few days in jail. The born alive rule is a legal principle that holds that various aspects of the criminal law, such as the statutes relating to homicide and to assault, apply only to a child that is born alive. Recent advances in the state of medical science have led to court decisions that... Abortion, in its most common usage, refers to the voluntary or induced termination of pregnancy, generally through the use of surgical procedures or drugs. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... This article or section is in need of attention from an expert on the subject. ... Not to be confused with torte, an iced cake. ...


When the Supreme Court greatly reduced laws prohibiting abortions in Roe v. Wade (1973) those sanctions became harder to use. This meant that an assault which ensured that the baby never breathed would result in a lesser charge. Various states passed "fetal homicide" laws, making killing of an unborn child murder; the laws differ about the stage of development at which the child is protected. After several well-publicized cases, Congress passed the Unborn Victims of Violence Act, which specifically criminalizes harming a fetus, with the same penalties as for a similar attack upon a person, when the attack would be a federal offense. Most such attacks fall under state laws; for instance, Scott Peterson was convicted of killing his unborn son as well as his wife under California's pre-existing fetal homicide law. The Supreme Court of the United States (sometimes colloquially referred to by the acronym SCOTUS[1]) is the highest judicial body in the United States and leads the federal judiciary. ... Holding Texas law making it a crime to assist a woman to get an abortion violated her due process rights. ... Congress in Joint Session. ... Signing ceremony at the White House, April 1, 2004. ... Scott Lee Peterson (born 24 October 2222) is a former fertilizer salesman convicted of the murder of his wife Laci and unborn son Conner Peterson. ...


Vikings (8th to 11th centuries)

The Viking culture had a very different concept of murder. If a person killed someone, then it was up to the murderer to pay the family fair compensation (weregild) for the labor lost by the member's death. If the perpetrator refused to pay weregild, it was up to the family of the slain to extract it from the perpetrator, or take his life.[57] In Nordic countries, the payment of weregild was used in homicide cases until the 16th century. Image File history File links Question_book-3. ... For other uses, see Viking (disambiguation). ... Look up wergeld in Wiktionary, the free dictionary. ... Political map of the Nordic countries and associated territories. ...


The only other type of killing with consequences in Viking culture was "unjust killing", i.e. killing someone while they were sleeping or had their back to the killer. While the financial implications of unjust killing were no more severe, the killer in question suffered from a tremendous loss of trust and could be declared an outlaw. For other senses of this word, see outlaw (disambiguation). ...


Documentary films

  • Blind Spot: Murder by Women, A film by Irving Saraf, Allie Light and Julia Hilder, 2000
  • Aileen: Life and Death of a Serial Killer, Director: Nick Broomfield, 2003

Nick Broomfield with his famous sound boom and half-on headphones. ...

References

  1. ^ Vulgate Deuteronomy Ch27 V24
  2. ^ Parallel Hebrew Old Testament Deuteronomy Ch27 V24
  3. ^ Parallel Hebrew Old Testament Exodus ch20v13
  4. ^ Blackstone, Book 4, Chapter 14
  5. ^ R. v. M'Naughten, get full cite.
  6. ^ CODE DE LA SANTE PUBLIQUE Chapitre III : Hospitalisation d'office Article L3213-1 (fr). Legifrance (2002). Retrieved on 2007-10-23., note: this text refer to the procedure of Involuntary commitment by the demand of the public authority, but the prefect systematically use that procedure whenever a man is discharged due to his dementia.
  7. ^ The French Parliemant. ARTICLE 122-5 (fr). French Criminal Law. Legifrance. Retrieved on 2007-11-01.
  8. ^ The French Parliemant. Article 222-8. French Criminal Law. Legifrance. Retrieved on 2007-11-01.
  9. ^ The French Parliemant. Section II - Involuntary Offences Against Life. French Criminal Law. Legifrance. Retrieved on 2007-11-01.
  10. ^ (the so-called "Twinkie defense).
  11. ^ Rogers v. Tennessee, 532 U.S. 451 (2001).
  12. ^ WHO: 1.6 million die in violence annually
  13. ^ FBI web site
  14. ^ Infoplease.com.
  15. ^ Brazil murder rate similar to war zone, data shows
  16. ^ Colombia's Uribe wins second term
  17. ^ Twentieth Century Atlas - Homicide
  18. ^ Jamaica 'murder capital of the world'
  19. ^ Canada's National Statistical Agency:Homicides
  20. ^ Crime Statistics
  21. ^ Fickling, David. "Raskol gangs rule world's worst city", The Guardian, 2004-9-22. Retrieved on 2007-1-9. 
  22. ^ Harris, Anthony R.; Stephen H. Thomas ; Gene A. Fisher ; David J. Hirsch (05 2002). "Murder and medicine: the lethality of criminal assault 1960-1999" (fee required). Homicide studies 6 (2): 128-166. Retrieved on 2006-12-08. 
  23. ^ Disaster Center web site
  24. ^ CRIMES ACT 1900 - SECT 18 Murder and manslaughter defined
  25. ^ Crimes Act 1958 - SECT 3B Provocation no longer a partial defence to murder
  26. ^ Crimes Act 1958 - SECT 10 Offence of child destruction
  27. ^ http://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s19.html
  28. ^ Criminal Code of Canada, R.S., c. C-34, s. 205
  29. ^ Criminal Code of Canada, R.S., 1985, c. C-46, s. 231; R.S., 1985, c. 27 (1st Supp.), ss. 7, 35, 40, 185(F), c. 1 (4th Supp.), s. 18(F); 1997, c. 16, s. 3, c. 23, s. 8; 2001, c. 32, s. 9, c. 41, s. 9.
  30. ^ Criminal Code
  31. ^ Criminal Code of Canada, R.S., c. C-34, s. 217.
  32. ^ Criminal Code of Canada, R.S., c. C-34, s. 216.
  33. ^ Statistics Canada Crimes by type of offence accessed 2007-12-19
  34. ^ Statistics Canada Victims and persons accused of homicide, by age and sex (Victims) accessed 2007-12-19
  35. ^ [http://www.statcan.ca/english/freepub/85-224-XIE/85-224-XIE2005000.pdf Canadian Centre for Justice Statistics Family Violence in Canada: A Statistical Profile (2005) Table 3.1 accessed 2007-12-19
  36. ^ a b >Li, Geoffrey. Homicide in Canada, 2006 Statistics Canada ISSN 1209-6393
  37. ^ Law Reform (Year and a Day Rule) Act 1996, s1
  38. ^ Euthanasia doctor avoids prison. BBC (2007). Retrieved on 2007-10-23.
  39. ^ Article 132-18. Legifrance. Retrieved on 2007-11-09.
  40. ^ Article 221-1. Legifrance. Retrieved on 2007-10-23.
  41. ^ Article 221-2. Legifrance. Retrieved on 2007-10-23.
  42. ^ Article 221-3. Legifrance. Retrieved on 2007-10-23.
  43. ^ The French Parliament. LOI n° 2007-1198 du 10 août 2007 renforçant la lutte contre la récidive des majeurs et des mineurs (fr). French Criminal Law. Legifrance. Retrieved on 2007-11-01.
  44. ^ The French Parliament. Paragraph 1 - Conditions for the granting of ordinary suspension. French Criminal Law. Legifrance. Retrieved on 2007-11-01.
  45. ^ For more details, see Armin Meiwes.
  46. ^ Israeli government web sitePdf
  47. ^ Romanian government web site
  48. ^ Romanian government web site
  49. ^ French language version of Swiss Penal Code
  50. ^ Italian language version of Swiss Penal Code
  51. ^ German language version of Swiss Penal Code
  52. ^ US Dept. of Justice: Felony Defendants in Large Urban Counties, 2002
  53. ^ Electronic Law Library definition
  54. ^ See, e.g., N.Y.State Penal Law section 125.27, found at N.Y. State Legislative web site (search for Penal Law § 125.27).
  55. ^ NY Courts Government web site.
  56. ^ See, e.g., N.Y. State Penal Law section 125.25, found at N.Y. State Legislative web site (search for Penal Law § 125.25).
  57. ^ May Damages Be Recovered by a Non-Resident Alien for the Death of a Son? University of Pennsylvania Law Review and American Law Register, Vol. 57, No. 3, Volume 48 New Series (Dec 1908), pages 171-173 doi:10.2307/3313315

Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ... is the 296th day of the year (297th in leap years) in the Gregorian calendar. ... Involuntary commitment is the practice of using legal means or forms as part of a mental health law to commit a person to a mental hospital, insane asylum or psychiatric ward without their informed consent, against their will or over their protests. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ... is the 305th day of the year (306th in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ... is the 305th day of the year (306th in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ... is the 305th day of the year (306th in leap years) in the Gregorian calendar. ... In this 2001 case, the United States Supreme Court held that Tennessees retroactive abolition of the year and a day rule was constitutional. ... For other uses, see Guardian. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... is the 342nd day of the year (343rd in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ... is the 353rd day of the year (354th in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ... is the 353rd day of the year (354th in leap years) in the Gregorian calendar. ... The Law Reform (Year and a Day Rule) Act 2050 is a short Act of Parliament which abolished the Whajamakallit rule in Chemistry Dad is a teachers House, which conclusively presumed that a fart was not not funny or deadly (or any other form of homicide) if it occurred... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ... is the 296th day of the year (297th in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ... is the 313th day of the year (314th in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ... is the 296th day of the year (297th in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ... is the 296th day of the year (297th in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ... is the 296th day of the year (297th in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ... is the 305th day of the year (306th in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ... is the 305th day of the year (306th in leap years) in the Gregorian calendar. ... Armin Meiwes (born December 1, 1961) is a German who achieved international notoriety for killing and eating a voluntary victim he had found via the Internet. ...

Other references

Look up murder in
Wiktionary, the free dictionary.

Wiktionary (a portmanteau of wiki and dictionary) is a multilingual, Web-based project to create a free content dictionary, available in over 151 languages. ... Sir Edward Coke Sir Edward Coke (pronounced cook) (1 February 1552 - 3 September 1634) was an early English colonial entrepreneur and jurist whose writings on the English common law were the definitive legal texts for some 300 years. ...

See also

Wikimedia Commons has media related to:
Murder

Image File history File links Commons-logo. ... The English suffix -cide denotes an act related to killing. ... 187 is a numeric code for the crime of murder used by law enforcement officials, particularly in the state of California. ... This article is about the U.S. state. ... Assassin and Assassins redirect here. ... Note: for practices of systematically killing very young children, see infanticide. ... A murder suicide is an act in which an individual kills one or more other persons immediately before, or while killing himself. ... A small minority of religious groups have been known to engage in murder. ... This article does not cite any references or sources. ... Democide is a term coined by political scientist R. J. Rummel for the murder of any person or people by a government, including genocide, politicide, and mass murder. Rummel created the term as an extended concept to include forms of government murder that are not covered by the legal definition... Execution-style murder and execution-style killing are news media buzzwords applied to various acts of criminal murder where the perpetrator kills at close range a conscious victim who is under the complete physical control of the assailant and who has been left with no course of resistance or escape. ... The felony murder rule is a legal doctrine according to which anyone who commits, or is found to be involved in, a serious crime (a felony), during which any person dies, is guilty of murder. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... Filicide is the deliberate act of a parent killing his or her own son or daughter. ... Fratricide (from the Latin word frater, meaning: brother and cide meaning to kill) is the act of a person killing his or her brother. ... For other uses, see Genocide (disambiguation). ... Homicide (Latin homicidium, homo human being + caedere to cut, kill) refers to the act of killing another human being. ... Human sacrifice is the act of killing a human being for the purposes of making an offering to a deity or other, normally supernatural, power. ... In sociology and biology, infanticide is the practice of intentionally causing the death of an infant of a given species, by members of the same species - often by the mother. ... This article or section does not cite its references or sources. ... This article is being considered for deletion in accordance with Wikipedias deletion policy. ... Below is a list of incidents that are commonly labeled as massacres by reliable sources. ... This article needs additional references or sources for verification. ... A lust murder is a homicide in which the offender searches for erotic satisfaction by taking away the victims life. ... Mass murder (massacre) is the act of murdering a large number of people, typically at the same time, or over a relatively short period of time. ... Matricide is the act of killing ones mother. ... Patricide is (i) the act of killing ones father, or (ii) a person who kills his or her father. ... This article does not cite any references or sources. ... For other uses, see Regicide (disambiguation). ... Serial killers are individuals who have a history of multiple slayings of victims who were usually unknown to them beforehand. ... A spree killer, also known as a rampage killer, is someone who embarks on a murderous assault on his victims in a short time in multiple locations. ... For other uses, see Suicide (disambiguation). ... A Thrill killing is a nickname for a kind of premeditated murder committed by a sane criminal who is motivated by the sheer excitement of the act. ... Torture murder is a loosely defined legal term to describe the process used by murderers who kill their victims by slowly torturing them. ...

External links

UNESCO (United Nations Educational, Scientific and Cultural Organization) is a specialized agency of the United Nations established in 1945. ...

  Results from FactBites:
 
Welcome to MVFR | MVFR (822 words)
MVFR is the nation’s oldest national organization of families of murder victims and families of the executed who oppose the death penalty.
“Murder victim family members and families of the executed are involved at every step and every level of our work in New Jersey, they are critical to our success so far,” said Post.
Family members of death row inmates and murder victims are invited to attend free of charge.
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