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Murder - Wikipedia. A murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human being with malice aforethought. Manslaughter is a killing committed in the absence of malice, brought about by reasonable provocation, or diminished capacity. Involuntary manslaughter, where it is recognized, is a killing that lacks all but the most attenuated guilty intent (mens rea), recklessness.

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Most societies consider murder to be a very serious crime, and thus believe that the person charged should receive harsh punishments for the purposes of retribution, deterrence, rehabilitation, or incapacitation. In most countries, a person convicted of murder generally faces a long- term prison sentence, possibly a life sentence where permitted. In many common law jurisdictions, a person convicted of murder will receive a mandatory life sentence. In jurisdictions where capital punishment exists, the death penalty may be imposed for such an act; however, this practice is now less common. Middle English mordre is a verb from Anglo- Saxon myrdrian and the Middle English noun.

At common law, a fetus was not a human being. Murder necessarily required that an appreciable time pass between the formation and execution of the intent to kill. The courts broadened the scope of murder by eliminating the requirement of actual premeditation and deliberation as well as true malice. All that was required for malice aforethought to exist is that the perpetrator act with one of the four states of mind that constitutes . Thus, if the defendant intentionally uses a deadly weapon or instrument against the victim, such use authorizes a permissive inference of intent to kill. An example of this is a 2.

California where an individual could be convicted of third- degree murder if he or she kills another person while driving under the influence of alcohol, drugs, or controlled substances. In Australian jurisdictions, the unreasonable risk must amount to a foreseen probability of death (or grievous bodily harm in most states), as opposed to possibility. Importantly, the underlying felony cannot be a lesser included offense such as assault, otherwise all criminal homicides would be murder as all are felonies. As with most legal terms, the precise definition of murder varies between jurisdictions and is usually codified in some form of legislation.

Even when the legal distinction between murder and manslaughter is clear, it is not unknown for a jury to find a murder defendant guilty of the lesser offence. The jury might sympathise with the defendant (e. The distinction between first- and second- degree murder exists, for example, in Canadian murder law and third- degree murder is recognized in U. S. Generally, second- degree murder is common law murder, and first- degree is an aggravated form. The aggravating factors of first- degree murder depend on the jurisdiction, but may include a specific intent to kill, premeditation, or deliberation. In some, murder committed by acts such as strangulation, poisoning, or lying in wait are also treated as first- degree murder. This is the crime of wrongfully and intentionally causing the death of another human being (also known as murder) after rationally considering the timing or method of doing so, in order to either increase the likelihood of success, or to evade detection or apprehension.

Premeditated murder is one of the most serious forms of homicide, and is punished more severely than manslaughter or other types of murder, often with a life sentence without the possibility of parole, or in some countries, the death penalty. In the U. S, Federal law criminalizes premeditated murder, felony murder and second- degree murder at Title 1.

United States Code Section 1. In Canada, the Criminal Code classifies murder as either 1st- or 2nd- degree. The former type of murder is often called premeditated murder, although premeditation is not the only way murder can be classified as first- degree. Common law. An act such as murder is wrong or evil by its very nature. And it is the very nature of the act which does not require any specific detailing or definition in the law to consider murder a crime.

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  • Homicide refers to one human killing another. Homicides can be divided into many overlapping legal categories, including murder, manslaughter, justifiable homicide.
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In such jurisdictions, what is considered to be murder is defined by precedent case law or previous decisions of the courts of law. However, although the common law is by nature flexible and adaptable, in the interests both of certainty and of securing convictions, most common law jurisdictions have codified their criminal law and now have statutory definitions of murder. Exclusions. However, a self- defence killing might be considered manslaughter if the killer established control of the situation before the killing took place. In the case of self- defence it is called a . Depending on the circumstances, these may or may not be considered criminal offenses; they are often considered manslaughter.

Suicide does not constitute murder in most societies. Assisting a suicide, however, may be considered murder in some circumstances.

Specific to certain countries. Capital punishment may be ordered by a legitimate court of law as the result of a conviction in a criminal trial with due process for a serious crime. The 4. 7 Member States of the Council of Europe are prohibited from using the death penalty. Euthanasia, doctor- assisted suicide: the administration of lethal drugs by a doctor to a terminally ill patient, if the intention is solely to alleviate pain, in many jurisdictions it is seen as a special case (see the doctrine of double effect and the case of Dr John Bodkin Adams). This may include such actions by the victim as reaching into a glove compartment or pocket for license and registration, if the officer thinks that the victim might be reaching for a gun. Therefore, a murder committed in outer space is subject to jurisdiction in the country that owns the space craft in which the killing transpired.

In the event the murder occurred on an extraterrestrial planet (e. The Moon), no country can own land of any other planet . In other words, under the law one cannot murder a corpse, a corporation, a non- human animal, or any other non- human organism such as a plant or bacterium. California's murder statute, Penal Code. Section 1. 87, was interpreted by the Supreme Court of California in 1.

The first is a defendant in California can be convicted of murder for killing a fetus which the mother herself could have terminated without committing a crime. This means that a person may be found guilty of . Depression, post- traumatic stress disorder and medication side- effects are examples of conditions that may be taken into account when assessing responsibility. Insanity. Usually, sociopathy and other personality disorders are not legally considered insanity, because of the belief they are the result of free will in many societies. In some jurisdictions, following the pre- trial hearing to determine the extent of the disorder, the defence of . In any prosecution for an offense, it is an affirmative defence that when the defendant engaged in the proscribed conduct, he lacked criminal responsibility by reason of mental disease or defect.

Such lack of criminal responsibility means that at the time of such conduct, as a result of mental disease or defect, he lacked substantial capacity to know or appreciate either: 1. The nature and consequences of such conduct; or 2. That such conduct was wrong. Under the French Penal Code: Article 1. A person is not criminally liable who, when the act was committed, was suffering from a psychological or neuropsychological disorder which destroyed his discernment or his ability to control his actions.

A person who, at the time he acted, was suffering from a psychological or neuropsychological disorder which reduced his discernment or impeded his ability to control his actions, remains punishable; however, the court shall take this into account when it decides the penalty and determines its regime. Those who successfully argue a defence 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. The United States does not have such a law, but mentally ill mothers may plead not guilty by reason of insanity. A defendant may argue that he or she took precautions not to kill, that the death could not have been anticipated, or was unavoidable. As a general rule, manslaughter. For example, Dan White used this defence. Depending on the jurisdiction, such circumstances may include: Premeditation.

Poisoning. Murder of a child. Murder of a police officer. Murder, under English criminal law, always carries a mandatory life sentence, but is not classified into degrees. Penalties for murder committed under aggravating circumstances are often higher, under English law, than the 1. Felony murder rule. Holle was convicted under a legal doctrine known as the felony murder rule.

Subject to any statute of limitations, the accused could still be charged with an offence reflecting 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. However, if death occurs three years or more after the original attack then prosecution can take place only with the Attorney- General's approval. In the United States, many jurisdictions have abolished the rule as well.

In 2. 00. 1 the Supreme Court of the United States held that retroactive application of a state supreme court decision abolishing the year- and- a- day rule did not violate the Ex Post Facto Clause of Article I of the United States Constitution. He was on trial for murder for the death of Philadelphia police officer Walter Barkley. Barnes shot Barkley on November 2. Barkley died on August 1. Georg Oesterdiekhoff wrote: Evans- Pritchard says about the Nuer from Sudan: . On the contrary, a man who slays another in combat is admired for his courage and skill.

Homicide - Wikipedia. Homicide refers to one human killing another. These different types of homicides are often treated very differently in human societies; some are considered crimes, while others are permitted or even ordered by the legal system. Criminal homicide. The crime committed in a criminal homicide is determined by the mental state of the committing person and the extent of the crime. In many cases, homicide may be punished by life in prison or even capital punishment.

Instead, the individual is placed under the category of “insane”. In some jurisdictions, a homicide that occurs during the commission of a crime may constitute murder, regardless of the actor's intent to commit homicide. In the United States, this is known as the felony murder rule.

Much abbreviated and incomplete, the felony murder rule says that one committing a felony may be guilty of murder if someone, including the felony victim, a bystander or a co- felon, dies as a result of their acts, regardless their intent—or lack thereof—to kill. Criminal homicides also include voluntary and involuntary manslaughter. An example of voluntary manslaughter is hitting someone with an intent to kill them, whereas involuntary manslaughter is unintentionally causing their death.

The perpetrator does not receive the same legal action against them as a person convicted of murder. While most homicides by civilians are criminally prosecutable, a right of self- defense (often including the right to defend others). It goes like this: 'They needed killing'.

In essence, it was a justification for murder in the old days in Texas that the victim had horrible or violent character. State, 7. 64 S. W. Tex. Crim. App. Penalization of juries for employing jury nullification has been forbidden since 1.

Bushel's Case. State- sanctioned homicide. The most obvious examples are capital punishment, in which the state punishes a criminal with death. Homicides committed in action during war are usually not subject to criminal prosecution either. In addition, members of law enforcement entities are also allowed to commit justified homicides within certain parameters which, when met, do not usually result in prosecution (see Deadly force)Global statistics. More than a third (3.

Africa, 3. 1% in the Americas, 2. Asia, 5% in Europe and 1% in Oceania. Since 1. 99. 5, the homicide rate has been falling in Europe, North America, and Asia, but has risen to a near “crisis point” in Central America and the Caribbean. Of all homicides worldwide, 8.

Americas accounted for 3. Africa 3. 1%, Asia 2.

Europe 5% and Oceania 0. They are the most violent regions globally, outside of regions experiencing wars and religious or sociopolitical terrorism.

About 4. 1% of the homicides worldwide occurred in 2. The global conviction rate for the crime of intentional homicide in 2. At the other, the probability of such an occurrence is up to 4. Terror and war- related deaths are not included. Chinese homicide data is not available.

References and footnotes. Cornell University Law School.

Retrieved 2. 2 April 2. See, e. g., California Penal Code, Sec. Characterevidenceinmurdercases. United Nations Office on Drugs and Crime. Global Study on Homicide.

Accessed December 2, 2. Journalist's Resource.