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. This state of mind may, depending upon the jurisdiction, distinguish murder from other forms of unlawful homicide, such as manslaughter. 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. 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.EtymologyThe modern English word "murder" descends from the Proto- Indo- European "mrtró" which meant "to die". The Middle Englishmordre is a noun from Anglo- Saxonmorðor and Old Frenchmurdre. Middle English mordre is a verb from Anglo- Saxon myrdrian and the Middle English noun.DefinitionThe eighteenth- century English jurist William Blackstone (citing Edward Coke), in his Commentaries on the Laws of England set out the common law definition of murder, which by this definition occurswhen a person, of sound memory and discretion, unlawfully kills any reasonable creature in being and under the king's peace, with malice aforethought, either express or implied.The elements of common law murder are: Unlawfulkillingthrough criminal act or omissionof a humanby another humanwith malice aforethought.The Unlawful – This distinguishes murder from killings that are done within the boundaries of law, such as capital punishment, justified self- defence, or the killing of enemy combatants by lawful combatants as well as causing collateral damage to non- combatants during a war.Killing – At common law life ended with cardiopulmonary arrest – the total and irreversible cessation of blood circulation and respiration. With advances in medical technology courts have adopted irreversible cessation of all brain function as marking the end of life.Сriminal act or omission – Killing can be committed by an act or an omission.[1. This element presents the issue of when life begins.
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At common law, a fetus was not a human being.[1. Life began when the fetus passed through the vagina and took its first breath.by another human – In early common law, suicide was considered murder. The requirement that the person killed be someone other than the perpetrator excluded suicide from the definition of murder. Originally malice aforethought carried its everyday meaning – a deliberate and premeditated (prior intent) killing of another motivated by ill will. 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 "malice."The four states of mind recognized as constituting "malice" are: [1.
Murder 2 is a 2011 indian psychological thriller film and the quasi-sequel to the 2004 film, murder and the second film in the murder film series. Murder. The unlawful killing of another human being without justification or excuse. Murder is perhaps the single most serious criminal offense. Depending on the. 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. Read the Murder 3 movie synopsis, view the movie trailer, get cast and crew information, see movie photos, and more on Movies.com.
Intent to kill,Intent to inflict grievous bodily harm short of death,Reckless indifference to an unjustifiably high risk to human life (sometimes described as an "abandoned and malignant heart"), or. Intent to commit a dangerous felony (the "felony murder" doctrine). Under state of mind (i), intent to kill, the deadly weapon rule applies.
Thus, if the defendant intentionally uses a deadly weapon or instrument against the victim, such use authorizes a permissive inference of intent to kill. In other words, "intent follows the bullet." Examples of deadly weapons and instruments include but are not limited to guns, knives, deadly toxins or chemicals or gases and even vehicles when intentionally used to harm one or more victims. Under state of mind (iii), an "abandoned and malignant heart", the killing must result from the defendant's conduct involving a reckless indifference to human life and a conscious disregard of an unreasonable risk of death or serious bodily injury. An example of this is a 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.[1. Under state of mind (iv), the felony- murder doctrine, the felony committed must be an inherently dangerous felony, such as burglary, arson, rape, robbery or kidnapping. Importantly, the underlying felony cannot be a lesser included offense such as assault, otherwise all 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.
Degrees of murderMany jurisdictions divide murder by degrees. The distinction between first- and second- degree murder exists, for example, in Canadian murder law and third- degree murder is recognized in U. S. murder law and Peruvian murder law. The most common division is between first- and second- degree murder. 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.[1. Some jurisdictions also distinguish premeditated 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.[1. State laws in the United States vary as to definitions of "premeditation." In some states, premeditation may be construed as taking place mere seconds before the murder. 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 lawAccording to Blackstone, English common law identified murder as a public wrong.[1. At common law, murder is considered to be malum in se, that is an act which is evil within itself. 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.[1. Some jurisdictions still take a common law view of murder. 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. ExclusionsGeneralAlthough laws vary by country, there are circumstances of exclusion that are common in many legal systems. Killing of enemy combatants who have not surrendered by lawful combatants, in accordance with lawful orders in war, is also generally not considered murder; although illicit killings within a war may constitute murder or homicidal war crimes.
Laws of war article)Self- defence: acting in self- defence or in defence of another person is generally accepted as legal justification for killing a person in situations that would otherwise have been murder. 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 "justifiable homicide".[1. Unlawful killings without malice or intent are considered manslaughter.
In many common law countries, provocation is a partial defence to a charge of murder which acts by converting what would otherwise have been murder into manslaughter (this is voluntary manslaughter, which is more severe than involuntary manslaughter). Accidental killings are considered homicides. 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 countriesCapital punishment: some countries practice the death penalty. 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.
Murder legal definition of murder. The unlawful killing of another human being without justification or excuse. Murder is perhaps the single most serious criminal offense. Depending on the circumstances surrounding the killing, a person who is convicted of murder may be sentenced to many years in prison, a prison sentence with no possibility of Parole, or death. The precise definition of murder varies from jurisdiction to jurisdiction. Under the Common Law, or law made by courts, murder was the unlawful killing of a human being with malice aforethought.
The term malice aforethought did not necessarily mean that the killer planned or premeditated on the killing, or that he or she felt malice toward the victim. Generally, malice aforethought referred to a level of intent or reck- lessness that separated murder from other killings and warranted stiffer punishment. The definition of murder has evolved over several centuries. Under most modern statutes in the United States, murder comes in four varieties: (1) intentional murder; (2) a killing that resulted from the intent to do serious bodily injury; (3) a killing that resulted from a depraved heart or extreme recklessness; and (4) murder committed by an Accomplice during the commission of, attempt of, or flight from certain felonies. Some jurisdictions still use the term malice aforethought to define intentional murder, but many have changed or elaborated on the term in order to describe more clearly a murderous state of mind.
California has retained the malice aforethought definition of murder (Cal. Penal Code § 1. 87 [West 1. It also maintains a statute that defines the term malice. Under section 1. 88 of the California Penal Code, malice is divided into two types: express and implied. Express malice exists "when there is manifested a deliberate intention unlawfully to take away the life of a fellow creature." Malice may be implied by a judge or jury "when no considerable provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart."In Commonwealth v. La. Cava, 7. 83 N.
E. 2d 8. 12 (Mass. Thomas N. La. Cava, was convicted of the deliberate, premeditated murder of his wife. La. Cava admitted to the shooting and the killing, but he claimed that due to his diminished mental capacity, he could not form the requisite malice when he committed the killing, so as to be convicted of first degree murder.
The Supreme Judicial Court of Massachusetts found that Massachusetts law permits psychiatric evidence to attack the premeditation aspect of murder. However, the judge's instructions to the jury regarding the definition of murder was sufficient to render the error harmless, according to the court. Many states use the California definition of implied malice to describe an unintentional killing that is charged as murder because the defendant intended to do serious bodily injury, or acted with extreme recklessness. For example, if an aggressor punches a victim in the nose, intending only to injure the victim's face, the aggressor may be charged with murder if the victim dies from the blow. The infliction of serious bodily injury becomes the equivalent of an intent to kill when the victim dies. Although the aggressor in such a case did not have the express desire to kill the victim, he or she would not be charged with assault, but with murder. To understand why, it is helpful to consider the alternative: When a person dies at the hands of an aggressor, it does not sit well with the public conscience to preclude a murder charge simply because the aggressor intended only to do serious bodily injury.
Some murders involving extreme recklessness on the part of the defendant cause extreme public outrage. In People v. Dellinger, 7. P. 2d 2. 00 (Cal.
Leland Dellinger, was found guilty of the murder of his two- yearold stepdaughter. The primary cause of the child's death was a fractured skull caused by trauma to the head. However, other evidence showed that the child had large quantities of cocaine in her system when she died. Moreover, her mother discovered that the defendant had fed the child wine through a baby bottle. Due to the defendant's "wanton disregard for life," the verdict of murder was proper, according to the California Supreme Court. A person who unintentionally causes the death of another person also may be charged with murder under the depraved- heart theory. Depraved- heart murder refers to a killing that results from gross negligence.
For example, suppose that a man is practicing shooting his gun in his backyard, located in a suburban area. If the man accidentally shoots and kills someone, he can be charged with murder under the depraved- heart theory, if gross Negligence is proven. In Turner v. State, 7.
So. 2d 9. 98 (Miss. Jimmy Ray Turner, was convicted of the murder of his wife. The couple had contemplated Divorce, but had apparently reconciled. After their reconciliation, they went together to the defendant's parents' house to return a borrowed shotgun. As they walked to the parents' house, the defendant, who testified that he did not think the shotgun was loaded, demonstrated to his wife how he carried the gun with his fingers on the trigger and walked with his arms swinging. His wife stopped suddenly, bumping into the defendant.
The shotgun fired, killing the wife. Although the defendant was not charged with premeditated murder, he was indicted and convicted of depraved- heart murder due to his gross negligence in handling the shotgun. Most states also have a felony murder statute.
Under the felony murder doctrine, a person who attempts or commits a specified felony may be held responsible for a death caused by an accomplice in the commission of the felony; an attempt to commit the felony; or flight from the felony or attempted felony. For example, if two persons rob a bank and during the Robbery one of them shoots and kills a security guard, the perpetrator who did not pull the trigger nevertheless may be charged with murder.
The felonies that most commonly give rise to a felony murder charge are murder, rape, robbery, Burglary, Kidnapping, and Arson. Many states add to this list. Maine, for example, adds gross sexual assault and escape from lawful custody (Me. Rev. Stat. Ann. tit. A, § 2. 02 [West 1. Generally, felony murder liability lies only if the death was a reasonably foreseeable consequence of the felony, a felony attempt, or flight from the crime.
For example, courts have held that death is a reasonably foreseeable consequence of armed robbery. Most states divide the crime of murder into first and second degrees. In such states, any intentional, unlawful killing done without justification or excuse is considered second- degree murder. The offense usually is punished with a long prison term or a prison term for life without the possibility of parole. Second- degree murder can be upgraded to first- degree murder, a more serious offense than second- degree murder, if the murder was accomplished with an aggravating or special circumstance. An aggravating or special circumstance is something that makes the crime especially heinous or somehow worthy of extra punishment. California lists some 2.
These felonies include rape, robbery, kidnapping, burglary, arson, train wrecking, sodomy, the performance of a lewd or lascivious act upon a child under age 1. Cal. Penal Code § 1. West 1. 99. 6]). If a murder does not qualify by statute for first- degree murder, it is charged as second- degree murder. A second- degree murder may be downgraded to Manslaughter if mitigating factors were involved in the killing, such as adequate provocation by the victim, or the absence of intent or recklessness on the part of the defendant. Maine has simplified the law of murder. In Maine, a person is guilty of murder if he or she intentionally or knowingly causes the death of another human being, engages in conduct that manifests a depraved indifference to the value of human life and causes death, or intentionally or knowingly causes another human being to commit suicide by the use of force, duress, or deception (Me. Stat. tit. 1. 7- A § 2.
Maine also has a felony murder statute. It does not divide murder into degrees. Sentencing for murder varies from state to state, and according to degrees in the states that have them. Second- degree murder usually is punished with more than 2. A person convicted of second- degree murder in Minnesota, for example, may be sentenced to prison for not more than 4. Some states, such as California, allow a sentence up to life in prison for second- degree murder.
In some states that have a first- degree murder charge, the crime is punished with a life term in prison without the possibility of parole. In other states, first- degree murder is punishable by death.
A defendant's criminal history may affect sentencing for a murder conviction. The greater the criminal history, the more time the defendant is likely to serve.
The criminal history of a murder defendant may even cause a murder charge to be upgraded from second degree to first degree. In California, for example, a murder defendant who has a prior conviction for murder faces an automatic first- degree murder charge. The strongest defenses to a murder charge are provocation and Self- Defense. If the defendant acted completely in self- defense, this fact may relieve the defendant of all criminal liability.
If it does not relieve the defendant of all liability, self- defense at least may reduce the charge from murder to manslaughter. Provocation rarely results in complete absolution, but it may reduce the defendant's criminal liability.
For example, suppose that a family is being tormented by a neighbor for no apparent reason. The neighbor has damaged the family's property, assaulted the children, and killed the family dog.