 | Murder: Encyclopedia II - Murder - Country-specific murder law
Murder - Country-specific murder law
Murder - United Kingdom
Further information: murder in English law, and [[]], and [[]], and [[]], and [[]], and [[]], and [[]], and [[]], and [[]]
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). Because the newspaper coverage tends to focus on the more lurid or controversial cases (e.g. Tony Martin), there is considerable public misunderstanding as to the actual law. The Law Commission Final Report on Partial Defences to Murder (2004) [1] 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:
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.
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 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 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.
Any other killing would either be considered manslaughter or considered an accident.
- Voluntary manslaughter is murder mitigated to manslaughter by virtue of the statutory defences under the Homicide Act 1957, namely provocation, diminished responsibility or suicide pact.
- Involuntary anslaughter 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. For more information, see manslaughter.
Note that the Law Commission Consultation Paper No. 177 advocates a redefinition of murder and a limitation of the scope of manslaughter [2]
English Law also allows for transferred malice. 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 [3], 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:
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 to decide on a consideration of all the evidence.
Most common law jurisdictions, including the Commonwealth of Nations 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: Scots law#Criminal 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) [4]. Following the Unborn Victims of Violence Act 2004 which applies only to offenses over which the United States government has jurisdiction, namely crimes committed on Federal properties, against certain Federal officials and employees, and by members of the military, the law treats the foetus as a "human being" for the purposes of murder and attempted murder:
"Sec. 1841. Protection of unborn children
(a)(1) Whoever engages in conduct that violates any of the provisions of law listed in subsection (b) and thereby causes the death of, or bodily injury (as defined in section 1365) to, a child, who is in utero at the time the conduct takes place, is guilty of a separate offense under this section.
(2)(A) Except as otherwise provided in this paragraph, the punishment for that separate offense is the same as the punishment provided under Federal law for that conduct had that injury or death occurred to the unborn child's mother.
2(B) An offense under this section does not require proof that--
(i) the person engaging in the conduct had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or
(ii) the defendant intended to cause the death of, or bodily injury to, the unborn child.
2(C) If the person engaging in the conduct thereby intentionally kills or attempts to kill the unborn child, that person shall instead of being punished under subparagraph (A), be punished as provided under sections 1111, 1112, and 1113 of this title for intentionally killing or attempting to kill a human being."
Traditionally, and still in some states, the following terminology is used:
Murder,
When a defendant intentionally or knowingly causes death, he commits murder. In some jurisdictions, defendants may also be prosecuted for murder when they act recklessly or with extreme indifference to human life. The intent to commit murder is often called "malice aforethought," and can be inferred when the defendant intends to cause great bodily harm to his victim. In many states defendants can be charged for 'felony murder' whenever a victim is killed during the commission of another felony, whether or not the defendant intended the killing. 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.
Many states distinguish murder further. In some, if the defendant premeditates on, reflects on, or plans the murder, it can increase the offense to first-degree murder (Murder One), while other states require the addition of certain other aggravating factors. Certain other factors can decrease the offense to manslaughter even if it was intended, including sufficient provocation that would have caused a reasonable person to kill.
Voluntary Manslaughter,
refers to homicide done by an actor demonstrating legally adequate provocation, or when certain other factors mitigate the crime from murder.
Involuntary Manslaughter,
occurs without the specific intent to kill, but usually after an act of criminal negligence or some other act resulting in a person's death. This would in some cases include a death caused by drunk driving or someone dying as the result of an assault in which case the perpetrator didn't have the intent to kill or inflict serious bodily injury.
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.
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:
- for pleasure, satisfaction of the sex drive, 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) 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 of human life. Penalty ranges from 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 explosives. Otherwise a murder is not a murder, it's called killing then (Tötung), the penalty is not as heavy as for murder. Most homicides in Switzerland are considered killings. The penalty is 5 to 20 years.
The Swiss equivalent for manslaughter is Totschlag. Killers get sentenced 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, 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 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 prison 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:
- 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).
- 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.
- 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 6 months for the driver).
- 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.
Other related archives-cide, 187, 2003, Aileen: Life and Death of a Serial Killer, Australia, California, California Penal Code, Canada, Child murder, Collective nouns for birds, Combination of murder and suicide, Commonwealth of Nations, Criminal Damage Act 1971, Cult homicides, Deicide, Democide, Depression, Dutch, English law, European Union, FBI, Federal, Femicide, Filicide, Fratricide, Genocide, Germany, Gini coefficient, Homicide Act 1957, Human sacrifice, Iceland, Infanticide, Intention in English law, Involuntary manslaughter, Italy, Japan, Killology, Latin, List of massacres, List of murdered people, List of unsolved murders and deaths, Lust murder, Mass murder, Matricide, Netherlands, Nick Broomfield, Patricide, Proxy murder, Regicide, Scots law#Criminal law, Serial killer, Spree killer, Suicide, Switzerland, Thrill killing, Tony Martin, Torture murder, Unborn Victims of Violence Act, United Kingdom, United States, aggravated TWOC, arson, assault, attempt, attempted, attempted murder, capital punishment, capital punishment in the United States, causation, combatant, common law, corporate manslaughter, crime, crime of passion, criminal law, criminal negligence, criminal offense, death, death by dangerous driving, detention, developed countries, diminished responsibility, drunk driving, duress, excuse, foetus, greed, grievous bodily harm, gun control, human being, infanticide, insanity, intent, jurors, justifiable homicide, kill, malice aforethought, manslaughter, mens rea, mental disorder, moratorium on death sentences, murder in English law, necessity, omission, penalty, post-partum depression, post-traumatic stress disorder, premeditated, provocation, psychosis, punishment, recklessness, schizophrenia, self-defense, sentence of death, sex drive, side-effects, sports, state, statute of limitation, suicide pact, transferred malice, war, weregild, year and a day
 Adapted from the Wikipedia article "Country-specific murder law", under the G.N U Free Docmentation License. Please also see http://en.wikipedia.org/wiki |
