Murder: Encyclopedia - Murder

Murder

In the criminal law, murder is the crime where one human being causes the death of another human being, without lawful excuse, and with intent to kill or with an intent to cause grievous bodily harm (traditionally termed "malice aforethought") (see attempted murder where the mens rea (the Latin for "guilty mind") requirement is limited). In some common law jurisdictions, an accused is not guilty of murder if the victim lives for longer than a year and a day after the attack. This reflects the likelihood that, if the victim has survived so long after the initial attack, there will be other factors contributing to the cause of death and so break the chain of causation). Subject to the local statute of limitation, the accused can still be charged with an offense representing the seriousness of the initial assault. But, with the advance of modern medicine, the majority of countries have abandoned a fixed time period and test causation on the facts. In most countries murder is considered the most serious crime, and invokes the highest punishment available under the law. As with most legal terms, the precise definition varies between jurisdictions.

Murder - Murder and other illegal killings

Some instances of premeditated, intentional killing may be treated as justifiable homicide which excludes liability for murder and, in some countries, all criminal liability for the death. This may include:

• killing a non-surrendered enemy combatant in time of war;
• executing a person in accordance with a legally imposed sentence of death; or
• in a more limited number of countries, killing a person who represents an immediate threat to the lives of others, i.e. in self-defense.

In most countries, if one person intentionally kills another, the killer might be charged with murder, or with some lesser offense depending upon the circumstances:

• In the United States, an intentional killing with provocation may sometimes charged as voluntary manslaughter rather than murder.
• Unintentionally causing a death due to recklessness or criminal negligence is treated in most countries as the lesser crime of manslaughter or criminally negligent homicide.
• In some jurisdictions, killings under extreme provocation or duress may be a legal exculpation (see excuse and crime of passion).

Murder - Mitigating circumstances

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 defenses of insanity or 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, or 'baby-blues', 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 - Country-specific murder law

Murder - United Kingdom

About 850 murders per year (reported in 2000) are committed in the United Kingdom. This is low compared to the United States with 12,000, however these are only raw numbers which do not take different population sizes into account: a better perspective can be gained by comparing murders per year per hundred thousand population (1 in the UK, 4 in the USA, and 63 in Colombia - source).

In English law, murder is divided between several offences, including:

• Murder - the killing of another person whether by act or omission having either the intention to kill (with "malice aforethought") or to cause grievous bodily harm.
• Infanticide - the intentional killing of an infant under 1-year-old by a mother suffering from post-natal depression or other post-natal disturbance.
• Causing death by dangerous driving (of a motor vehicle) was introduced because jurors, many of whom were drivers, thought the charge of manslaughter to carry too great a level of stigma for the degree of fault actually shown by some drivers and refused to convict when the charge was manslaughter. Now motor manslaughter is considered an acceptable charge for the more seriously dangerous examples of driving resulting in death, with aggravated TWOC for the least seriously dangerous driving resulting in death.

The aggravated form of criminal damage, including arson, under s1(2) Criminal Damage Act 1971 could be the anticipatory offence rather than a charge of attempted murder.

English Law also allows for transferred intent. For example, in the circumstances where a man fires a gun with the intent to kill person A, or at least maim them but the shot misses and kills an otherwise unconnected person B then 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 attempt to murder A.

As to mens rea, Intention in English law following R v. Woollin [1], the model direction to be given to juries is a modified version of that proposed by Lord Lane, C.J. in R v Nedrick [1986] 1 W.L.R. 1025, namely:

Most common law jurisdictions, including the British Commonwealth countries, do not allow the defense of necessity and limit duress.

Comparatively recent adaptations to the English law of murder include the abolition of the "year and a day rule", and the proposed introduction of an less restrictive regime for corporate manslaughter.

• See also Scottish Criminal Law for differences with English Law.

Murder - Canada

Canada has about 550 murders per year, a number that is fluctuating. 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%).

Canada has four types of crime that can be considered murder:

• first degree murder - the intentional killing of another person with premeditation, in the furtherance of another serious criminal offense (kidnapping, robbery, etc.), or the killing of a peace officer
• second degree murder - the intentional killing of another person without premeditation (ie killing in the heat of the moment)
• manslaughter - the killing of another person where there is no intent to kill
• infanticide - the killing of an infant by a mother while still recovering from the birth, and the mother's mind is "disturbed"

(there are exceptions to the above - certain types of murder are always first degree murder, such as the killing of a peace officer, and certain types of killings are murder regardless of intent, such as a death resulting from sexual assault)

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.

(All statistics are from the 2001 census)

Murder - The United States

In the United States, murder, or "homicide", is normally a crime only under state law, and a murder suspect will be arrested and held by local officials and tried in a local court on behalf of the state. For murders that are federal crimes (e.g. a killing of a federal official or on federal property), the trial would occur in a federal court. Approximately 16,000 cases of murder or nonnegligent homicide occur each year in the US according to official FBI crime statistics; among solved cases, more than a quarter are committed by a narrow social group of black males age 17 to 50 (constituting less than 3% of general US population) [2].

Traditionally, and still in some states, the following terminology is used:

In some other states, the definitions have been adjusted to reflect factors like a perceived need for greater deterrence, rather than the usual distinctions listed previously. For instance, the murder of a police officer, or a murder committed while serving a life sentence, is in some states a first-degree murder regardless of other circumstances.

Many jurisdictions in the United States have also adopted felony murder statutes, according to which anyone who commits a serious crime (specifically, a felony), during which a person dies, is guilty of committing murder. This applies even if one does not personally cause the person's death. For example, a driver for an armed robbery can be convicted of murder if one of the robbers killed someone in the process of the robbery, even though the driver was not present and did not expect the killing to occur. In a few cases, some robbers have been found guilty of felony murder for the deaths of their accomplices.

Capital murder is murder which is punishable by death. In 38 states and the federal government itself, there are laws allowing capital punishment for this crime. Depending on the state, a murder may qualify as "capital murder" if (a) the person murdered was of a special class, such as a police officer; (b) "special circumstances" occurred in the crime, such as multiple murder, the use of poison, or "lying in wait" in order to murder the victim. Capital murder is quite rare in the United States compared to other murder convictions, but it has generated tremendous public debate. See also capital punishment and capital punishment in the United States.

In California, 187 is a well-known slang term for murder, and it often appears in music made in that state. The number refers to section 187 of the California Penal Code which covers murder.

Murder - Germany

In Germany the term Mord (murder) is officially used for the premeditated killing of another person:

1. for pleasure, satisfaction of the sex drive, greed or other "low motives",
2. insidiously (an unsuspecting victim) or cruelly, by means dangerous to the public (for example with a bomb),
3. to cover up or facilitate another criminal offense.

A killing which is not a murder may be either Totschlag (manslaughter) or fahrlässige Tötung (negligent homicide). 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). The penalty for Mord is lifelong imprisonment, the penalty for Totschlag is five to fifteen years imprisonment.

Murder - Switzerland

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 against human life. Penalty is the years to life term. A homicide is also considered murder when the murderer kills the victim in a cruel way, slow and painful for example, or simply to satisfy perverted lust. Also if the instruments of murder are especially dangerous, for example arson or bombs. Otherwise a murder is not a murder, it's called killing then (Tötung), the penalty is not as heavy as for murder. The biggest part of all the homicides in switzerland are considered killings. The penalty ist 5 to 20 years. The swiss equivalent for manslaughter is Totschlag. Killers get sen tenced for Totschlag, when they commited the crime in a very, and especially excusable state of excitement. A wife who's been mistreated by her husband for years would be sentenced for Totschlag, if she killed her husband. The penalty is one to five years in prison.

There are lots of other privileged variants of killing, similar to manslaughter, such as killing on demand of the "victim" or assisted suicide, where the punishment is considerably lower.

Murder - The Netherlands

By Dutch law, murder (moord) is punishable by a prison sentence of up to twenty years, which is the longest prison sentence the law allows. In 2006 the maximum prison sentence changes to thirty years. The average sentence is twelve to thirteen years. Under special circumstances, such as multiple murders or prior convictions, a life sentence may be imposed. In addition to a prison sentence, the judge may sentence the suspect to TBS, or "terbeschikkingstelling", meaning detention in a psychiatric institution. 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 criticised as being a life sentence in disguise. Voluntary Manslaughter (doodslag) is punishable by a prison sentence of up to fifteen years. Involuntary Manslaughter (dood door schuld) is punishable by a prision sentence of up to two years.

In 2003, 202 murders were committed in the Netherlands.

Murder - Finland

Finnish law calls the crime of causing the death of another human being "manslaughter" (tappo). The minimum sentence is eight years of imprisonment. Attempt is punishable. The crime of murder (murha) is defined as a manslaughter:

• with a firm intent (i.e. it is planned), or
• done in an especially brutal or cruel way, or
• while endangering public safety severely, or
• of a government official keeping the law and order.

The only sentence for murder is life in prison. However, the president can and usually will give a pardon (when requested) some time after 12-15 years. Involuntary confinement to a psychiatric institution may also result. It 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).

Murder - Israel

Israel had 174 murders in 2004 (up from 135 in 1996 and down from 234 in 2001).

There are five types of homicide in Israel:

1. Murder. The premeditated killing of a person or the intentional killing of a person whilst committing, preparing for, or escaping from any crime is murder. The mandatory punishment for this crime is life imprisonment. Life is usually commuted (clemency from the President) to 30 years from which a third can be deducted by the parole board for good behaviour. Terrorists are not usually granted pardons or parole other than as part of deals with terrorist organizations or foreign governments and in exchange for captured Israelis (or their bodies).
2. Reduced sentence murder. Where 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.
3. Manslaughter. The deliberate killing of a person without premeditation (or the other circumstances of murder) is manslaughter for which the maximum sentence is 20 years.
4. Negligent killing or vehicular killing. Maximum sentence is 3 years (minimum of 6 months for the driver).
5. Infanticide where a woman killed 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.

Murder - Vikings 8th to 11th centuries

The Viking culture had no concept of murder. If you killed someone, then it was up to you 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.

The only other type of killing with consequences in Viking culture was "unjust killing', i.e., while the victim was sleeping, or if the victim's back was turned. While there were no more financial repercussions for this other than the normal rules of weregild, the killer in question suffered from a tremendous loss of trust.

Murder - Other uses of the word

The word "murder" is sometimes used colloquially to mean some forms of mistreatment, e.g. a bad singer "murdering" a song, or describing something difficult to handle as "absolute murder". Sometimes during sports play an opponent may tell his rival "I'm gonna murder you!", "I'm gonna kill you!", "I'm murdering you!" or "I'm killing you!".

A murder is also the name given to a flock of crows (see also Collective nouns for birds).

Murder - Murder demographics

Murder occurrences vary wildly among different countries and societies. In the Western world, murder rates in most countries have declined significantly during 20th century and are now between 1-3 cases per 100,000 people per year. Murder rates of Japan and Iceland are among the lowest in the world, around 0.5; rate of United States is highest among all developed countries, at 5.5 (2004). On the other hand, developing countries often have rates of 10-100 murders per 100,000 people per year.

Evolution of murder rates over time in different countries is often used by both supporters and opposers of capital punishment and gun control. Using properly filtered data, is possible to make the case for or against either of these issues. For example, one could look at murder rates in United States during 1950-2000 [3] and notice that those rates went up sharply shortly after a moratorium on death sentences was effectively imposed in late 1960's. This fact could be used to argue that capital punishment serves as a deterrent and, as such, it is morally justified. Capital punishment opposers would counter that United States have much higher murder rates than Canada and European Union countries, although all those countries have abolished death penalty. Gun control advocates could further point out that, unlike United States, many European countries disallow gun ownership by private citizens, etc. Overall, the global pattern is too complex and, on average, the influence of both these factors is probably insignificant.

It is also often claimed that murder rates are correlated with overall wealth of the population ( i.e. that murders happen more often in societies where larger percentage of people lives below the poverty level ). This claim is not supported by evidence. On the other hand, many researchers have observed significant correlation between murder rates and wealth distribution inequality, as measured by Gini coefficient.

In the Western World, nearly 90% of all murders are committed by males; yet, according the the US Department of Justice, males are also the victims of 74.6% of murders. 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.

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

See also

• -cide
• Child murder
• Combination of murder and suicide
• Cult homicides
• Deicide
• Democide
• Filicide
• Femicide Murder of women, see Deaths in Ciudad Juarez
• Fratricide
• Genocide
• Human sacrifice
• Infanticide
• Killology
• List of massacres
• List of murdered people
• Lust murder
• Mass murder
• Matricide
• Patricide
• Regicide
• List of unsolved murders and deaths
• Serial killer
• Spree killer
• Thrill killing
• Torture murder
• Proxy murder
• Suicide

Adapted from the Wikipedia article "Murder", under the G.N U Free Docmentation License. Please also see http://en.wikipedia.org/wiki