Difference between revisions of "Murder" - New World Encyclopedia

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[[Category:Politics and social sciences]]
 
[[Category:Politics and social sciences]]
 
[[Category:Law]]
 
[[Category:Law]]
  
'''Murder''' is the unlawful and intentional killing of a human being by another. The [[punishment|penalty]] for murder is usually [[life imprisonment]], and in jurisdictions with [[capital punishment]], the death penalty may be imposed.
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'''Murder''' is the unlawful and intentional killing of one human being by another. The [[punishment|penalty]] for murder is usually [[life imprisonment]], and in [[jurisdiction]]s with [[capital punishment]], the death penalty may be imposed. Murder is distinguished from other forms of [[homicide]], such as [[manslaughter]], by the intentions or [[malice]] of the perpetrator toward the victim. It is also distinguished from non-[[crime|criminal]] homicides, such as the state-sanctioned execution of a criminal convicted of murder and the killing of another in [[self-defense]].
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{{toc}}
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While all [[religion]]s regard murder as a [[sin]], and all [[law|legal]] [[jurisdiction]]s regard it as a crime, there continues to be dispute about whether all killings, including those that have been deemed "justifiable," should be regarded as wrong. For example, [[abortion]] and "fetal homicide" both involve the killing of an unborn [[fetus]], one being legal in many jurisdictions while some might still consider it murder. Equally contentious is the question of capital punishment, with many arguing that ''[[lex talionis]]'' (based on "an eye for an eye, a life for a life") seriously violates [[human rights]], specifically the most precious and irrevocable right—the right to life. In the ideal society, people should be able to recognize, based on their own [[conscience]], that killing another [[human being]] constitutes undesirable, unacceptable behavior.
  
 
==Definition==
 
==Definition==
Murder is a [[homicide]] committed intentionally. As with most legal terms, the precise definition varies between jurisdictions. For example, in some parts of the [[United States]] anyone who commits a [[felony|serious crime]] during which any person dies may be prosecuted for murder (see [[felony murder]]). Many jurisdictions recognize a distinction between murder which is premeditated, and [[manslaughter]].
+
Murder is a [[homicide]] committed intentionally. As with most legal terms, the precise definition varies among [[jurisdiction]]s. For example, in some parts of the [[United States]] anyone who commits a [[felony|serious crime]] during which a person dies may be prosecuted for murder (see [[#Felony murder|felony murder]]). Many jurisdictions recognize a distinction between murder and the less serious offense of [[manslaughter]].
  
Most countries allow conditions that "affect the balance of the mind" to be regarded as [[extenuating circumstances|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. [[Clinical depression|Depression]], [[post-traumatic stress disorder]] and medication [[Adverse effect (medicine)|side-effect]]s are examples of conditions that may be taken into account when assessing responsibility.
+
==Murder demographics==
 +
[[Image:Map-world-murder-rate.svg|right|thumb|300px|Murder rate per 100 000 inhabitants]]
 +
Murder occurrences vary greatly among different countries and societies. In the [[Western world]], murder rates in most countries have declined significantly during the twentieth century and are now between one to four cases per 100,000 people per year. Murder rates in [[Japan]] and [[Iceland]] are among the lowest in the world, around 0.5; the rate of the [[United States]] is among the highest among all [[developed countries]], around 5.5, <ref>Department of Justice, Federal Bureau of Investigation, [http://www.fbi.gov/ucr/cius_04/offenses_reported/violent_crime/murder.html Murder - Crime in the United States in 2004]. Retrieved July 6, 2007.</ref> with rates in major cities sometimes over 50 per 100,000.<ref>Infoplease.com, [http://www.infoplease.com/ipa/A0004902.html Crime Rates for Selected Large Cities, 2003]. Retrieved July 6, 2007.</ref> [[Developing countries]] often have rates of 10-100 murders per 100,000 people per year.
 +
 
 +
Within the Western world, nearly 90 percent of all murders are committed by males, with males also being the victims of 74.6 percent of murders.<ref>National Coalition Against Domestic Violence, [http://www.ncadv.org/files/MaleVictimsofViolence.pdf Male Victims of Violence Facts]. Retrieved June 13, 2007.</ref> There is a sharp peak in the age distribution of murderers between the ages of 17 and 30. People become increasingly unlikely to commit a murder as they age. Incidents of children and [[adolescence|adolescents]] committing murders are also extremely rare, notwithstanding the strong [[mass media|media]] coverage such cases receive.
 +
 
 +
Murder demographics are affected by the improvement of trauma care, leading to reduced lethality of violent [[assault]]s—thus the murder rate may not necessarily indicate the overall level of societal violence.<ref>Anthony R. Harris, Stephen H. Thomas, Gene A. Fisher, and David J. Hirsch, [http://hsx.sagepub.com/cgi/content/abstract/6/2/128 "Murder and medicine: the lethality of criminal assault 1960-1999"] (2002). in ''Homicide studies'' Vol. 6, No. 2, 128-166. Retrieved January 8, 2006.</ref>
 +
 
 +
==Murder in law==
 +
===Degrees of murder===
 +
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.
 +
 
 +
Most countries have a number of different categories of murder, the qualifications and penalties for which differ greatly. These degrees vary according to who is killed, the motive of the murder, and the corresponding punishment. '''First degree murder''' is typically classified as deliberate and premeditated, while '''second degree murder''' is the deliberate killing of a victim without premeditation. Many states also have degrees reserved for the murder of [[police]] officers or other public officials.
 +
 
 +
Some countries, such as [[Canada]], differentiate based on whether the murder was premeditated or if it was a heat of the moment act. Others, like [[Finland]], [[Germany]], and [[Romania]], differentiate murder from [[manslaughter]] depending on whether or not there was particular cruelty, endangering of the public, if the murder was for pleasure or if it was intended to conceal another crime. [[Israel]] distinguishes between murderers who knew what they were doing versus those who were unaware of the consequences of their actions.
 +
 
 +
Depending on the determined degree of murder, some countries have a minimum length of [[prison]] sentence or automatically seek the [[death penalty]].
  
The defenses of [[insanity]] or [[mental disorder defence|mental disorder]] may apply to a wide range of disorders including [[psychosis]] caused by [[schizophrenia]], 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 verdict "not guilty by reason of insanity" may be used. Some countries, such as [[Canada]], [[Italy]], the [[United Kingdom]] and [[Australia]], allow [[post-partum depression]] (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). 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.
+
===Felony murder===
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The felony murder rule is a legal [[doctrine]] current in some [[common law]] countries that broadens the [[crime]] of murder in two ways. First, when a victim dies accidentally or without specific intent in the course of an applicable [[felony]], it increases what might have been [[manslaughter]] (or even a simple [[tort]]) to murder. Second, it makes any participant in such a felony criminally responsible for any deaths that occur during or in furtherance of that felony. While there is some debate about the original scope of the rule, modern interpretations typically require that the felony be an obviously dangerous one, or one committed in an obviously dangerous manner. For this reason, the felony murder rule is often justified as a means of deterring dangerous felonies.
  
===Alternative Uses===
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The concept of "felony murder" originates in the rule of [[transferred intent]], which is older than the [[limit of legal memory]]. In its original form, the malicious intent inherent in the commission of any crime, however trivial, was considered to apply to any consequences of that crime, however unintended. Thus, in a classic example, a [[poaching|poacher]] shoots his [[arrow]] at a [[deer]] and hits a boy who was hiding in the bushes. Although he intended no harm to the boy, and did not even suspect his presence, the ''[[mens rea]]'' of the poaching is transferred to the ''[[actus reus]]'' of the killing.<ref>Lawteacher.net, [http://www.lawteacher.net/Criminal/Principles/Mens%20Rea%20Cases%202.htm Explanation of Transferred Intent]. Retrieved July 7, 2007.</ref>
The word "murder" is sometimes used [[colloquial]]ly to mean some forms of mistreatment, e.g. a bad singer "murdering" a song, or describing something difficult to handle as "absolute murder." Sometimes [[sports announcer]]s make comments like "That team is getting murdered out there!" or "The home team was murdered tonight." Murder is also used in the sense of desiring something greatly, e.g. "I could murder a cup of tea." A ''murder'' is also the name given to a flock of crows (see [[collective nouns for birds]]).
 
  
Also, many people use "murder" to describe a killing they feel is unjust or immoral, regardless of the law. For example, many pro-life activists would consider legal abortions to be "murder." Or, a historian might refer to unjust killings committed by governments (such as the Third Reich)as "murder," even if the killings were legal at the time.
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However, the actual situation is not as clear-cut as the above summary implies. In reality, not all felonious actions will apply in most jurisdictions. When the original felony contained no intent to kill there is dispute about the validity of transferring the malice and so invoking the charge of murder as opposed to manslaughter.<ref>Prisons Foundation, [http://www.prisonsfoundation.org/letters/WHAT'S_WRONG_WITH_THE_FELONY_MURDER_RULE.html Prisons Foundation objection to the rule]. Retrieved July 7, 2007.</ref> To qualify for the felony murder rule, the felony must present a foreseeable danger to life, and the link between the underlying felony and the death must not be too remote. Thus, if the receiver of a [[forgery|forged]] check has a fatal [[allergy|allergic]] reaction to the [[ink]], most courts will not hold the forger guilty of murder. To counter the common law style interpretations of what does and does not merge with murder (and thus what does not and does qualify for felony murder), many jurisdictions explicitly list which offenses qualify. For example, the American Law Institute's Model Penal Code lists [[robbery]], [[rape]], [[arson]], [[burglary]], [[kidnapping]], and felonious escape. [[Federal government of the United States|Federal]] law specifies additional crimes, including [[terrorism]] and [[hijacking]].
  
In the U.S. [[187 (murder)|187]] is a slang term for murder, and it sometimes appears in [[popular culture]]. The number refers to section 187 of the [[California Penal Code]] which covers murder.
+
===Defenses===
 +
Most countries allow conditions that "affect the balance of the mind" to be regarded as [[extenuating circumstances|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. [[Clinical depression|Depression]], [[post-traumatic stress disorder]], and [[medication]] [[Adverse effect (medicine)|side-effect]]s are examples of conditions that may be taken into account when assessing responsibility.
  
==Murder demographics==
+
The defense of [[insanity]] may apply to a wide range of disorders including [[psychosis]] caused by [[schizophrenia]], 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 verdict "not guilty by reason of insanity" may be used. Some countries, such as [[Canada]], [[Italy]], the [[United Kingdom]], and [[Australia]], allow [[post-partum depression]] (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). Those who successfully argue a defense based on a [[mental disorder]] are usually referred to mandatory clinical treatment, rather than [[prison]], until they are certified safe to be released back into the community.
[[Image:Map-world-murder-rate.svg|left|thumb|300px|Murder rate per 100&nbsp;000 inhabitants]]
 
[[List of countries by murder rate|Murder occurrences vary wildly among different countries]] and societies. 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]] and [[Iceland]] are among the lowest in the world, around 0.5; the rate of the [[United States]] is among the highest among all [[developed countries]], around 5.5 (2004, [http://www.fbi.gov/ucr/cius_04/offenses_reported/violent_crime/murder.html]), with rates in major cities sometimes over 50 per 100,000[http://www.infoplease.com/ipa/A0004902.html]. [[Developing countries]] often have rates of 10-100 murders per 100,000 people per year.
 
  
Many researchers have observed significant correlation between murder rates and wealth distribution ''inequality'', as measured by [[Gini coefficient]].<ref>[http://web.worldbank.org/WBSITE/EXTERNAL/TOPICS/EXTPOVERTY/EXTPA/0,,contentMDK:20238991~menuPK:492138~pagePK:148956~piPK:216618~theSitePK:430367,00.html Poverty Analysis] World Bank. Retrieved June 13, 2007.</ref>
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===Year-and-a-day rule===
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{{readout||right|250px|In some [[jurisdiction]]s if the victim survived longer than "one year and a day" the perpetrator could not be tried for murder}}
 +
In some [[common law]] [[jurisdiction]]s, 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 (law)|causation]]. Subject to any [[statute of limitations]], the accused can still be charged with an offense representing the seriousness of the initial [[assault]]. However, with advances in modern [[medicine]], most countries have abandoned a fixed time period and test causation on the facts of the case.
  
Within the Western world, nearly 90% of all murders are committed by males, with males also being the victims of 74.6% of murders.<ref>[http://www.ncadv.org/files/MaleVictimsofViolence.pdf Male Victims of Violence Facts]. National Coalition Against Domestic Violence. Retrieved June 13, 2007.</ref> There is a sharp peak in the age distribution of murderers between the ages of 17 and 30. People become increasingly unlikely to commit a murder as they age. Incidents of children and adolescents committing murders are also extremely rare, nonwithstanding the strong media coverage such cases receive.
+
===Murder of a fetus===
  
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 societal violence<ref>{{cite journal |last=Harris |first=Anthony R. |coauthors=Stephen H. Thomas ; Gene A. Fisher ; David J. Hirsch |year=2002 |month=05 |title=Murder and medicine: the lethality of criminal assault 1960-1999 |journal=Homicide studies |volume=6 |issue=2 |pages=128-166 |url=http://hsx.sagepub.com/cgi/content/abstract/6/2/128 |format=fee required |accessdate=2006-12-08}}</ref>.
+
[[Image:FETICIDEMAP.png|thumb|260px|left|Fetal homicide laws in the United States]]
 +
Under the [[common law]], if an [[assault]] on a [[pregnancy|pregnant]] woman resulted in a [[stillbirth]], it was not considered murder; the child had to have breathed at least once to be murdered. Remedies were limited to criminal penalties for the assault on the woman, and a [[tort]] action for loss of the economic services of the eventual child and/or [[emotion]]al pain and [[suffering]]. With the widespread adoption of laws against [[abortion]], the assailant could of course be charged with that offense, but the penalty was often only a fine and a few days in jail.
  
==Murder in Law==
+
When the [[Supreme Court of the United States|United States Supreme Court]] greatly restricted laws prohibiting abortions in its famous ''[[Roe v. Wade]]'' decision (1973), even those sanctions became harder to use. This, among other factors, meant that a more brutal attack, ensuring that the baby died without breathing, 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 of the United States|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 murdering his unborn son as well as his wife under Californian pre-existing fetal homicide law.<ref>BBC News, [http://news.bbc.co.uk/1/hi/world/americas/4008491.stm US beach bodies killer convicted]. Retrieved July 6, 2007.</ref>
===Degrees of Murder===
 
Most countries have a number of different categories of murder, the qualifications of and penalty for differ widely. These degrees vary according to who is killed, the motive of the murder, and the corresponding punishment. Some countries, such as Canada, differentiate based on whether the murder was premeditated or if it was a heat of the moment act. Others, like Finland, Germany and Romania, differentiate murder from manslaughter depending on whether or not there was particular cruelty, endangering of the public, if the murder was for pleasure or if it was intended to conceal another crime. Israel distinguishes between murderers who knew what they were doing versus those who were unaware of the consequences of their actions.  
 
  
In the [[United States]], the principle of [[federalism|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 government of the United States|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 [[United States Merchant Marine|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]].
+
==Murder and religion==
 +
The unlawful killing of another human is seen as [[evil]] and a [[sin]] in all of the world's major religions.<ref>World Scripture, [http://www.unification.net/ws/theme060.htm Murder]. Retrieved July 4, 2007.</ref>
  
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. Many states have degrees reserved for the murder of police officers or other public officials.
+
Religions such as [[Hinduism]] and [[Buddhism]] espouse beliefs of absolute non-violence. The Hindu ''Laws of Manu'' state:
 +
He who commits murder must be considered as the worst offender, more wicked than a defamer, than a thief, and than he who injures with a staff" (''Laws of Manu'' 8.345).
 +
The Buddhist ''Dhammapada'' says:
 +
<blockquote>All tremble at the rod. All fear death. Comparing others with oneself, one should neither strike nor cause to strike.  
  
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. In [[Nordic countries]], the payment of weregild was used in homicide cases until the 16th century. 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]].
+
All tremble at the rod. Life is dear to all. Comparing others with oneself, one should neither strike nor cause to strike.
  
Depending on the determined degree of murder, some countries have a minimum length of prison sentence or automatically seek the death penalty.
+
Whoever, seeking his own happiness, harms with the rod other pleasure-loving beings, experiences no happiness hereafter.
  
===Year-and-a-day rule===
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Whoever, seeking his own happiness, harms not with the rod other pleasure-loving beings, experiences happiness hereafter (''Dhammapada'' 129-32).</blockquote>
{{main|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 [[Year and a day rule|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 (law)|causation]]. Subject to any [[statute of limitations]], the accused can still be charged with an offense representing the seriousness of the initial [[assault]]. With advances in modern medicine, most countries have abandoned a fixed time period and test causation on the facts of the case.
 
  
===Murder of a fetus===
+
The [[Islam]]ic [[Qur'an]] bars unjust killing: "And slay not the soul which God has forbidden except for the just cause…" (17:33) and "…If anyone killed a person not in retaliation for murder or to spread mischief in the land, it would be as if he killed the whole of mankind. And if anyone saved a life, it would be as if he saved the whole of mankind" (Surah Al-Maaida 5:32).<ref>Diane S. Dew [http://www.dianedew.com/islam.htm Islam and Christianity] (2001). Retrieved July 5, 2007.</ref>
{{main|Born alive rule|Feticide}}
 
[[Image:FETICIDEMAP.png|thumb|260px|right|Fetal homicide laws in the United States]]
 
Under the [[common law]], if an assault on a pregnant woman resulted in a [[stillbirth]], it was not considered murder; the child had to have breathed at least once to be murdered. Remedies were limited to criminal penalties for the assault on the woman, and a [[tort]] action for loss of the economic services of the eventual child and/or emotional pain and suffering. With the widespread adoption of laws against [[abortion]], the assailant could of course be charged with that offense, but the penalty was often only a fine and a few days in jail.
 
  
When the [[Supreme Court of the United States|Supreme Court]] greatly restricted laws prohibiting abortions in its famous [[Roe v. Wade]] decision (1973) even those sanctions became harder to use. This, among other factors, meant that a more brutal attack, ensuring that the baby died without breathing, 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 of the United States|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 murdering his unborn son as well as his wife under Californian pre-existing fetal homicide law.
+
In [[Judaism]] and [[Christianity]], murder is banned in the [[Ten Commandments]]. Supporting this view is the passage in the [[Gospel of Matthew]] 26.51-52:
 +
<blockquote>Then they came up and laid hands upon Jesus and seized him. And behold, one of those who were with Jesus stretched out his hand, and drew his sword, and struck the slave of the high priest, and cut off his ear. Then Jesus said to him, "Put your sword back into its place; for all who take the sword will perish by the sword." (Matthew 26.51-52)</blockquote>
  
 +
In the Jewish [[Talmud]] is recorded:
 +
<blockquote>"A man once came before Raba and said to him, "The ruler of my city has ordered me to kill a certain person, and if I refuse he will kill me." Raba told him, "Be killed and do not kill; do you think that your blood is redder than his? Perhaps his is redder than yours" (Talmud, Pesahim 25b).</blockquote>
  
 +
[[Sun Myung Moon]], founder of the [[Unification Church]], has echoed this sentiment,
 +
<blockquote>We could surmise that murdering an enemy whom all people, as well as yourself, dislike cannot be a crime. But even the hated man has the same cosmic value as you. Murdering is a crime, because by murdering a person you infringe upon a cosmic law (Sun Myung Moon, 9-30-1979).</blockquote>
  
 
==Notes==
 
==Notes==
Line 58: Line 80:
  
 
==References==
 
==References==
*[http://www.publications.parliament.uk/pa/ld199798/ldjudgmt/jd970724/gneral01.htm Lord Mustill on the Common Law concerning murder]
+
* Guyora, Binder. October 2004. "The Origins of American Felony Murder Rules." ''Stanford Law Review''.
*[[Sir Edward Coke]] Co. Inst., Pt. III, ch.7, p. 50
+
* Smith, J. C. and Brian Hogan. 1996. ''Smith & Hogan: Criminal Law.'' Virginia: Lexis Law Publishing. ISBN 0406081875
 +
* United Kingdom Parliament. [http://www.publications.parliament.uk/pa/ld199798/ldjudgmt/jd970724/gneral01.htm Lord Mustill on the Common Law concerning murder.] Retrieved July 6, 2007.
 +
* Wilson, Andrew (ed.). ''World Scripture: A Comparative Anthology of Sacred Texts''. Paragon House, 1998. ISBN 978-1557787231
  
 
==External links==
 
==External links==
*[http://www.cdc.gov/nchs/products/pubs/pubd/other/atlas/atlas.htm  U.S. Centers for Disease Control "Atlas of United States Mortality"]
+
All links retrieved September 12, 2013.
*[http://www.liverpoolmuseums.org.uk/picture-of-month/furtherReading.asp?id=141&venue=2 Cezanne's depiction of 'The Murder']
+
* [http://www.merriam-webster.com/dictionary/murder Definition of murder]
*[http://www.unesco.org/shs/human_rights/hrfv.htm 1986 Seville Statement on Violence]
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* [http://www.forensicsciencedegree.org/famous-unsolved-crimes/ The Most Famous Unsolved Crimes in History]
*[http://www.culture-of-peace.info/ssov-intro.html Introduction and Updated Information on the Seville Statement on Violence]
 
*[http://www.mvfr.org Murder Victims Families for Reconciliation, Inc.] - An Anti-Capital Punishment Group
 
 
 
 
 
 
 
 
 
  
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{{Credits|Murder|105299690|Felony_murder|136958050|}}

Revision as of 19:07, 24 September 2013


Murder is the unlawful and intentional killing of one human being by another. The penalty for murder is usually life imprisonment, and in jurisdictions with capital punishment, the death penalty may be imposed. Murder is distinguished from other forms of homicide, such as manslaughter, by the intentions or malice of the perpetrator toward the victim. It is also distinguished from non-criminal homicides, such as the state-sanctioned execution of a criminal convicted of murder and the killing of another in self-defense.

While all religions regard murder as a sin, and all legal jurisdictions regard it as a crime, there continues to be dispute about whether all killings, including those that have been deemed "justifiable," should be regarded as wrong. For example, abortion and "fetal homicide" both involve the killing of an unborn fetus, one being legal in many jurisdictions while some might still consider it murder. Equally contentious is the question of capital punishment, with many arguing that lex talionis (based on "an eye for an eye, a life for a life") seriously violates human rights, specifically the most precious and irrevocable right—the right to life. In the ideal society, people should be able to recognize, based on their own conscience, that killing another human being constitutes undesirable, unacceptable behavior.

Definition

Murder is a homicide committed intentionally. As with most legal terms, the precise definition varies among jurisdictions. For example, in some parts of the United States anyone who commits a serious crime during which a person dies may be prosecuted for murder (see felony murder). Many jurisdictions recognize a distinction between murder and the less serious offense of manslaughter.

Murder demographics

Murder rate per 100 000 inhabitants

Murder occurrences vary greatly among different countries and societies. In the Western world, murder rates in most countries have declined significantly during the twentieth century and are now between one to four cases per 100,000 people per year. Murder rates in Japan and Iceland are among the lowest in the world, around 0.5; the rate of the United States is among the highest among all developed countries, around 5.5, [1] with rates in major cities sometimes over 50 per 100,000.[2] Developing countries often have rates of 10-100 murders per 100,000 people per year.

Within the Western world, nearly 90 percent of all murders are committed by males, with males also being the victims of 74.6 percent of murders.[3] There is a sharp peak in the age distribution of murderers between the ages of 17 and 30. People become increasingly unlikely 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.

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 societal violence.[4]

Murder in law

Degrees of murder

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.

Most countries have a number of different categories of murder, the qualifications and penalties for which differ greatly. These degrees vary according to who is killed, the motive of the murder, and the corresponding punishment. First degree murder is typically classified as deliberate and premeditated, while second degree murder is the deliberate killing of a victim without premeditation. Many states also have degrees reserved for the murder of police officers or other public officials.

Some countries, such as Canada, differentiate based on whether the murder was premeditated or if it was a heat of the moment act. Others, like Finland, Germany, and Romania, differentiate murder from manslaughter depending on whether or not there was particular cruelty, endangering of the public, if the murder was for pleasure or if it was intended to conceal another crime. Israel distinguishes between murderers who knew what they were doing versus those who were unaware of the consequences of their actions.

Depending on the determined degree of murder, some countries have a minimum length of prison sentence or automatically seek the death penalty.

Felony murder

The felony murder rule is a legal doctrine current in some common law countries that broadens the crime of murder in two ways. First, when a victim dies accidentally or without specific intent in the course of an applicable felony, it increases what might have been manslaughter (or even a simple tort) to murder. Second, it makes any participant in such a felony criminally responsible for any deaths that occur during or in furtherance of that felony. While there is some debate about the original scope of the rule, modern interpretations typically require that the felony be an obviously dangerous one, or one committed in an obviously dangerous manner. For this reason, the felony murder rule is often justified as a means of deterring dangerous felonies.

The concept of "felony murder" originates in the rule of transferred intent, which is older than the limit of legal memory. In its original form, the malicious intent inherent in the commission of any crime, however trivial, was considered to apply to any consequences of that crime, however unintended. Thus, in a classic example, a poacher shoots his arrow at a deer and hits a boy who was hiding in the bushes. Although he intended no harm to the boy, and did not even suspect his presence, the mens rea of the poaching is transferred to the actus reus of the killing.[5]

However, the actual situation is not as clear-cut as the above summary implies. In reality, not all felonious actions will apply in most jurisdictions. When the original felony contained no intent to kill there is dispute about the validity of transferring the malice and so invoking the charge of murder as opposed to manslaughter.[6] To qualify for the felony murder rule, the felony must present a foreseeable danger to life, and the link between the underlying felony and the death must not be too remote. Thus, if the receiver of a forged check has a fatal allergic reaction to the ink, most courts will not hold the forger guilty of murder. To counter the common law style interpretations of what does and does not merge with murder (and thus what does not and does qualify for felony murder), many jurisdictions explicitly list which offenses qualify. For example, the American Law Institute's Model Penal Code lists robbery, rape, arson, burglary, kidnapping, and felonious escape. Federal law specifies additional crimes, including terrorism and hijacking.

Defenses

Most 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.

The defense of insanity may apply to a wide range of disorders including psychosis caused by schizophrenia, 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 verdict "not guilty by reason of insanity" may be used. Some countries, such as Canada, Italy, the United Kingdom, and Australia, allow post-partum depression (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). Those who successfully argue a defense based on a mental disorder are usually referred to mandatory clinical treatment, rather than prison, until they are certified safe to be released back into the community.

Year-and-a-day rule

Did you know?
In some jurisdictions if the victim survived longer than "one year and a day" the perpetrator could not be tried for murder

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 can still be charged with an offense representing the seriousness of the initial assault. However, with advances in modern medicine, most countries have abandoned a fixed time period and test causation on the facts of the case.

Murder of a fetus

Fetal homicide laws in the United States

Under the common law, if an assault on a pregnant woman resulted in a stillbirth, it was not considered murder; the child had to have breathed at least once to be murdered. Remedies were limited to criminal penalties for the assault on the woman, and a tort action for loss of the economic services of the eventual child and/or emotional pain and suffering. With the widespread adoption of laws against abortion, the assailant could of course be charged with that offense, but the penalty was often only a fine and a few days in jail.

When the United States Supreme Court greatly restricted laws prohibiting abortions in its famous Roe v. Wade decision (1973), even those sanctions became harder to use. This, among other factors, meant that a more brutal attack, ensuring that the baby died without breathing, 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 murdering his unborn son as well as his wife under Californian pre-existing fetal homicide law.[7]

Murder and religion

The unlawful killing of another human is seen as evil and a sin in all of the world's major religions.[8]

Religions such as Hinduism and Buddhism espouse beliefs of absolute non-violence. The Hindu Laws of Manu state: He who commits murder must be considered as the worst offender, more wicked than a defamer, than a thief, and than he who injures with a staff" (Laws of Manu 8.345). The Buddhist Dhammapada says:

All tremble at the rod. All fear death. Comparing others with oneself, one should neither strike nor cause to strike.

All tremble at the rod. Life is dear to all. Comparing others with oneself, one should neither strike nor cause to strike.

Whoever, seeking his own happiness, harms with the rod other pleasure-loving beings, experiences no happiness hereafter.

Whoever, seeking his own happiness, harms not with the rod other pleasure-loving beings, experiences happiness hereafter (Dhammapada 129-32).

The Islamic Qur'an bars unjust killing: "And slay not the soul which God has forbidden except for the just cause…" (17:33) and "…If anyone killed a person not in retaliation for murder or to spread mischief in the land, it would be as if he killed the whole of mankind. And if anyone saved a life, it would be as if he saved the whole of mankind" (Surah Al-Maaida 5:32).[9]

In Judaism and Christianity, murder is banned in the Ten Commandments. Supporting this view is the passage in the Gospel of Matthew 26.51-52:

Then they came up and laid hands upon Jesus and seized him. And behold, one of those who were with Jesus stretched out his hand, and drew his sword, and struck the slave of the high priest, and cut off his ear. Then Jesus said to him, "Put your sword back into its place; for all who take the sword will perish by the sword." (Matthew 26.51-52)

In the Jewish Talmud is recorded:

"A man once came before Raba and said to him, "The ruler of my city has ordered me to kill a certain person, and if I refuse he will kill me." Raba told him, "Be killed and do not kill; do you think that your blood is redder than his? Perhaps his is redder than yours" (Talmud, Pesahim 25b).

Sun Myung Moon, founder of the Unification Church, has echoed this sentiment,

We could surmise that murdering an enemy whom all people, as well as yourself, dislike cannot be a crime. But even the hated man has the same cosmic value as you. Murdering is a crime, because by murdering a person you infringe upon a cosmic law (Sun Myung Moon, 9-30-1979).

Notes

  1. Department of Justice, Federal Bureau of Investigation, Murder - Crime in the United States in 2004. Retrieved July 6, 2007.
  2. Infoplease.com, Crime Rates for Selected Large Cities, 2003. Retrieved July 6, 2007.
  3. National Coalition Against Domestic Violence, Male Victims of Violence Facts. Retrieved June 13, 2007.
  4. Anthony R. Harris, Stephen H. Thomas, Gene A. Fisher, and David J. Hirsch, "Murder and medicine: the lethality of criminal assault 1960-1999" (2002). in Homicide studies Vol. 6, No. 2, 128-166. Retrieved January 8, 2006.
  5. Lawteacher.net, Explanation of Transferred Intent. Retrieved July 7, 2007.
  6. Prisons Foundation, Prisons Foundation objection to the rule. Retrieved July 7, 2007.
  7. BBC News, US beach bodies killer convicted. Retrieved July 6, 2007.
  8. World Scripture, Murder. Retrieved July 4, 2007.
  9. Diane S. Dew Islam and Christianity (2001). Retrieved July 5, 2007.

References
ISBN links support NWE through referral fees

  • Guyora, Binder. October 2004. "The Origins of American Felony Murder Rules." Stanford Law Review.
  • Smith, J. C. and Brian Hogan. 1996. Smith & Hogan: Criminal Law. Virginia: Lexis Law Publishing. ISBN 0406081875
  • United Kingdom Parliament. Lord Mustill on the Common Law concerning murder. Retrieved July 6, 2007.
  • Wilson, Andrew (ed.). World Scripture: A Comparative Anthology of Sacred Texts. Paragon House, 1998. ISBN 978-1557787231

External links

All links retrieved September 12, 2013.

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