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]]
  
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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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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.
  
 
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==Definition==
 
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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]].
 
 
'''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.
 
 
 
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]].
 
 
 
==Mitigating circumstances==
 
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.
 
 
 
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.
 
  
 
==Murder demographics==
 
==Murder demographics==
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 [http://www.disastercenter.com/crime/uscrime.htm] and notice that those rates went up sharply shortly after a [[Capital punishment in the United States|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 [[European Union]] countries, although all those countries have abolished the death penalty. A difficulty with this argument is that there may be many factors other than capital punishment causing the differences in murder rates between different countries. Gun control advocates further point out that, unlike the United States, many European countries disallow gun ownership by private citizens. Overall, the global pattern is too complex and, on average, the influence of both these factors may not be significant.
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[[Image:Map-world-murder-rate.svg|right|thumb|300px|Murder rate per 100 000 inhabitants]]
 
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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.
[[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.{{citationneeded}}
 
 
 
Many researchers have observed significant correlation between murder rates and wealth distribution ''inequality'', as measured by [[Gini coefficient]].{{fact}}
 
 
 
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 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 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>.
 
{{unreferenced||date=June 2006}}
 
 
 
==Year-and-a-day rule==
 
{{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.
 
 
 
==Country-specific murder law==
 
===Canada===
 
In 2004 the homicide rate in [[Canada]] was 2.0 per 100,000 people or approximately 650 homicides per year.  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 triple the number per capita.  The main methods of murder in Canada are shootings (30%), stabbings (30%), and beatings (22%).  There are four types of crime, as defined in the [[Canadian Criminal Code]], that can be considered murder:
 
*first degree murder - the intentional killing of another person (1) with premeditation, (2) in the furtherance of another serious criminal offense (kidnapping, robbery, etc.), or (3) where the victim is an identified [[peace officer]]
 
*second degree murder - the intentional killing of another person without premeditation (i.e. killing in the heat of the moment). Formerly, certain types of killings were also deemed to be murder, regardless of lack of intent (eg. where death was caused in the course of committing of a serious crime, such as sexual assault). However, these so-called "constructive" murder provisions have, by and large, been repealed or struck down on constitutional grounds.
 
*manslaughter - the killing of another person where there is no intent to kill
 
*infanticide - the killing of an infant while still recovering from the birth
 
 
 
The maximum penalties for murder are:
 
*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)
 
*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)
 
*manslaughter - maximum life imprisonment; if firearm was used to commit the offence, the minimum penalty is 4 years' imprisonment
 
*infanticide - maximum 5 years imprisonment
 
*There is a clause where persons convicted of multiple murder, and deemed unable for rehabilitation, to be declared a '[[dangerous offender]]' upon examination of doctors and psychiatrists (usually for sexually related murder). Persons declared as dangerous offenders have an undetermined prison sentence, although it usually means an increase of  10 years (possibly to 35 or more years).
 
 
 
For every murder in Canada there are about 1.5 attempted murders. Attempted murder carries the same consequences as murder itself; it is the intent, not the result, that determines the sentence.
 
 
 
About one in three Canadian murders are committed by a family member. One in eight is gang related. About 80% of murderers in Canada are caught within a year.
 
 
 
===Finland===
 
 
 
In Finland,  murder is defined as manslaughter with at least one of four aggravating factors:
 
 
 
#Deliberate intent
 
#Exceptional brutality or cruelty
 
#Significantly endangering public safety
 
#Committed against a public official engaged in enforcing the law.
 
 
 
Further, the offence considered as a whole must be aggravated.
 
 
 
The only possible punishment for murder is life imprisonment. Typically, the prisoner will be pardoned by the [[President of Finland|President]] after serving 12 to 14 years of his sentence, but this is not automatic.
 
 
 
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, the presidents have since 1960s regularly given pardon to practically all offenders after a time 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.
 
 
 
There is also the crime of "death" (''surma''), which is a "manslaughter" under mitigating 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.
 
 
 
===Germany===
 
In [[Germany]] the term ''Mord'' (murder) is officially used for the premeditated killing of another person, as it can be read in § 211 of the German criminal law, [[Strafgesetzbuch]] (StGB):
 
 
 
#for pleasure, satisfaction of the [[sex drive]], [[Greed (emotion)|greed]] or other "low motives,"
 
#insidiously (an unsuspecting victim) or cruelly, by means dangerous to the public (for example with a bomb),
 
#to cover up or facilitate another [[criminal offense]].
 
 
 
A killing which is not a murder may be either ''Totschlag'' (manslaughter) according to § 212 StGB or ''fahrlässige Tötung'' (negligent homicide or killing by carelessness) within the scope of § 222 StGB. Also, if the death is not a foreseeable consequence of an intended or not intended act of violence, it might be classified as ''Körperverletzung mit Todesfolge'' (injury resulting in death). If the victim ''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 claimed that the victim wanted to be killed. The court convicted him of manslaughter. 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. He was eventually convicted of murder. (For more details see [[Armin Meiwes]])
 
 
 
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, up to life in prison (15 years served minimum) in especially grave cases and one to ten years for lesser cases ("minderschwerer Fall," § 213)
 
 
 
Before 1949 some cases of murder in Germany mandated capital punishment. Howeve, due to the [[Nazi]] mass murders and unsolicidated death sentences [[Death penalty]] was abolished in Germany in 1949 when the [[Grundgesetz]], Germany's current [[constitution]] came into use.
 
 
 
===Israel===
 
[[Israel]] had 173 murders in 2004, compared to 147 murders in 2000 [http://www1.cbs.gov.il/shnaton56/st11_07.pdf].
 
 
 
There are five types of homicide in Israel:
 
#''' 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 Militants are not usually granted pardons or parole other than as part of deals with Arab militant organizations or foreign governments and in exchange for captured Israelis (or their bodies).
 
#'''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.
 
#'''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.
 
#'''Negligent killing''' or '''vehicular killing'''. Maximum sentence is 3 years (minimum of 11 months for the driver).
 
#'''Infanticide''' A mother kills her baby of less than 12 months and could show she was suffering from the effects of the birth or breast-feeding. Maximum sentence is 5 years.
 
 
 
===Italy===
 
By [[Italy|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:
 
# in order to commit another crime, or in order to escape, of favor, or take advantage from another crime (art.61, sect.2);
 
# against a next of kin (parent or child) ''and'' either through insidious means, with premeditation, cruelly, of for futile motives;
 
# by a fugitive in order to escape capture, or in order to acquire means of subsistence;
 
# while [[rape|raping]] or sexually assaulting a person (articles 519, 520, 521).
 
# in a cruel way and/or through the use of torture (art.61, sect.1);
 
# for abject and/or futile motives (art.61, sect.4);
 
# against a next of kin (parent or child);
 
# through insidious means;
 
# with premeditation.
 
Cases 1 through 4 (art.576) used to be considered capital murder, and therefore punishable by death by [[Execution by firing squad|firing squad]]. Since 1946, though, death penalty was discontinued in Italy, and death was substituted with life imprisonment without possibility of parole or probation other than by [[Presidential pardon]]. Sentences for murder under cases 5 through 9 (art.577), instead, are subject to parole or probation.
 
  
Besides the criminal murder detailed above, in Italian law the following cases also exist:
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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.
  
# '''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 mental of moral disorder, is punishable with a sentence between 4 and 12 years (art. 578).
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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>
# '''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).  
 
# '''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. This, however, is considered murder if the suicide is under the age of 14 (art.580).
 
# '''Injury resulting in death''' (''Omicidio preterintenzionale'') occurs when, as a not foreseeable result of a deliberated or not 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).
 
# '''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===
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==Murder in law==
By [[Netherlands|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{{citationneeded}}. In addition to a prison sentence, the judge may sentence the suspect to [[terbeschikkingstelling|TBS]], or 'terbeschikkingstelling', meaning [[Detention (Imprisonment)|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.
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===Degrees of murder===
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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.  
  
===Norway===
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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.
<!-- The translations I have used for the different degrees of murder might not be fully correct. Please correct them if you know better translations. The sources are all in Norwegian. —>
 
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 ====
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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.
  
'''Planned 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.[http://www.lovdata.no/all/tl-19020522-010-026.html#233]
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Depending on the determined degree of murder, some countries have a minimum length of [[prison]] sentence or automatically seek the [[death penalty]].
  
'''Intentional 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.[http://www.lovdata.no/all/tl-19020522-010-026.html#232]
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===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.
  
'''Murder as a result of neglect''' (''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.
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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>
[http://www.lovdata.no/all/tl-19020522-010-026.html#239]
 
  
==== Other forms of murder ====
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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]].
  
'''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.  
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===Defenses===
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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.
  
[[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 is however illegal, and is treated as any other form of assisted suicide.  
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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.
  
===Romania===
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===Year-and-a-day rule===
<!-- Feel free :) to correct language mistakes. The content is in absolute conformity with the Penal Code.—>
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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 [[Romania]] as of 2005 there were reported [http://www.politiaromana.ro/date_statistice_2005.htm 453] homicide cases, and [http://www.politiaromana.ro/statistici_2002_2005.htm 231] as of June 2006.
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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.
According to the [[Romania]]n ''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.)
 
  
Degrees of murder:
+
===Murder of a fetus===
  
*'''Murder''' (''10'' to ''20'' years)
+
[[Image:FETICIDEMAP.png|thumb|260px|left|Fetal homicide laws in the United States]]
Killing a person when no aggravating circumstances apply.
+
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.
  
*'''Qualified murder''' (''15'' to ''25'' years)
+
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>
Aggravating circumstances: '''a)'''with premeditation '''b)'''concerning a material interest '''c)''' against spouse or close relative '''d)'''taking advantage of victim's impossiblity 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]])
+
==Murder and religion==
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)
+
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>
  
*'''Negligent or accidental murder''' (''1'' to ''5'' years in simple form)
+
Religions such as [[Hinduism]] and [[Buddhism]] espouse beliefs of absolute non-violence. The Hindu ''Laws of Manu'' state:  
Aggravating circumstances:
+
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).
'''a)'''caused by a professional in connection with his job for not respecting the legal dispositions (''2 to ''7'' years)
+
The Buddhist ''Dhammapada'' says:
'''b)''' by a vehicle driver with blood alcohol concentration (BAC) above legal limits or in a drunk state (''5'' to ''15'' years)
+
<blockquote>All tremble at the rod. All fear death. Comparing others with oneself, one should neither strike nor cause to strike.
'''c)'''by a professional in a drunk state - in connection with his job duties (''5'' to ''15'' years)
 
'''e)'''when causing the death of two or more persons (''5'' to ''15'' years)
 
  
*'''Infanticide''' (''2'' to ''7'' years)
+
All tremble at the rod. Life is dear to all. Comparing others with oneself, one should neither strike nor cause to strike.
  
===Switzerland===
+
Whoever, seeking his own happiness, harms with the rod other pleasure-loving beings, experiences no happiness hereafter.
{{unreferencedsect|date=June 2006}}
 
In [[Switzerland]] murder (''Mord'') 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''), 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''. 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 five years in prison.
+
Whoever, seeking his own happiness, harms not with the rod other pleasure-loving beings, experiences happiness hereafter (''Dhammapada'' 129-32).</blockquote>
  
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 [[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>
  
The relevant articles of the Swiss Penal Code (Strafgesetzbuch) are 111 (killing), 112 (murder), 113 (manslaughter), 114 (killing with demand of the victim), 115 (assisted suicide).
+
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>
  
===United Kingdom===
+
In the Jewish [[Talmud]] is recorded:  
{{see|murder in English law}}
+
<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>
Recent statistics show that there were 859 homicides in [[England]] and [[Wales]] in one year (April 2004- March 2005, [http://www.crimestatistics.org.uk/tool/Default.asp?region=0&force=0&cdrp=0&l1=6&l2=1&l3=27&sub=0&v=24]). This is low compared to the United States with 16,137 murders in 2004 [http://www.fbi.gov/ucr/cius_04/offenses_reported/violent_crime/murder.html], 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 - [http://www.nationmaster.com/graph-T/cri_mur_cap source]). Because the newspaper coverage tends to focus on the more lurid or controversial cases (e.g. [[Tony Martin (farmer)|Tony Martin]]), there is considerable public misunderstanding as to the actual law. The Law Commission Final Report on ''Partial Defences to Murder'' (2004) [http://www.lawcom.gov.uk] commissioned research to determine the extent of this misunderstanding and reported at 2.35:
 
: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. For those interested, 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:
+
[[Sun Myung Moon]], founder of the [[Unification Church]], has echoed this sentiment,
:The killing of another person whether by act or [[omission (criminal)|omission]] having the intention to kill (with "[[malice aforethought]]").
+
<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>
  
Contrast this with the original definition by Sir Edward Coke in 1797 of:
+
==Notes==
 
+
<references/>
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.
 
 
 
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 in English law|diminished responsibility]] defence and needs reform to bring it into line with modern medical understanding, and
 
*Causing [[death by dangerous driving]] (of a motor vehicle) was introduced because [[jury|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 [[TWOC|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 [[attempt]]ed murder.
 
 
 
Any other killing would be considered either [[manslaughter in English law]] or an accident.
 
*Voluntary manslaughter is murder mitigated to manslaughter by virtue of the statutory defences under the [[Homicide Act 1957]], namely [[provocation in English law|provocation]], [[diminished responsibility in English law|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 intent|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.
 
 
 
As to ''[[mens rea]]'', the model direction to be given to juries for [[Intention in English law]] following ''R v. Woollin'' [http://www.parliament.the-stationery-office.co.uk/pa/ld199798/ldjudgmt/jd980722/wool.htm], is a modified version of that proposed by Lord Lane, C.J. in ''R v Nedrick'' [1986] 1 WLR 1025, namely:
 
: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 in English law|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 old legal adage that 'hard cases make bad law' and recommended that  the precedent should not be followed.
 
 
 
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 [http://www.lawcom.gov.uk/docs/cp177_web.pdf]
 
 
 
{{seealso|Scots law#Criminal law|born alive rule}}
 
 
 
===The United States===
 
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]].
 
 
 
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.
 
 
 
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 intent to commit murder is often called [[malice aforethought]], and can be inferred when the defendant commits an act that shows depraved indifference to human life, or (in federal court and those states that apply the [[felony murder]] rule) whenever a victim is killed during the commission of another felony, whether or not the defendant intended the killing, or even committed the fatal act. In this case, the intention to place the victim in great bodily harm is inferred from the defendant's intent to commit the felony. Some states also require the underlying felony to be an 'inherently' dangerous one.
 
 
 
=====Degrees of murder=====
 
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 wilful, 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; and all other kinds of murder shall be deemed murder of the second degree."[http://www.lectlaw.com/def2/m150.htm] "Murder one," as the term was popularized by [[novel]]s and [[television]], carried a penalty of death, or life in prison, while the penalty for "murder two" was generally around 20 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.).
 
 
 
*The first scheme, used by [[Pennsylvania]] among other states:
 
:#First Degree Murder: All premeditated murders, and (in some states) murders involving certain especially dangerous felonies, such as arson or rape, or committed by an inmate serving a life sentence.
 
:#Second Degree Murder: Any felony murder not a first degree murder.
 
:#Third Degree Murder: All other murder.
 
*The second scheme, used by [[New York]] among other states, as well as the [[Model Penal Code]]:
 
:#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.
 
:#Second Degree Murder: Any premeditated murder or felony murder that does not involve special circumstances.
 
 
 
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) and "first-degree murder with special circumstances" (leading to death), while second-degree murder continues to be the default category.
 
 
 
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]] and [[terrorism]]). 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]].
 
 
 
=====Murder of a fetus=====
 
{{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.
 
 
 
===Vikings (8th to 11th centuries)===
 
{{unreferencedsect|date=June 2006}}
 
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]].
 
 
 
==Other usages involving the word==
 
:''For other uses of the word "murder" see [[Murder (disambiguation)]].''
 
 
 
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.
 
 
 
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.
 
 
 
==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
 
  
 
==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 December 15, 2014.
*[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]
+
* [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 23:52, 15 December 2014


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 December 15, 2014.

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