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Murder is the
unlawful killing of another
human
Humans (''Homo sapiens'') are the most abundant and widespread species of primate, characterized by bipedalism and exceptional cognitive skills due to a large and complex brain. This has enabled the development of advanced tools, cultu ...
without
justification or valid
excuse
In jurisprudence, an excuse is a defense to criminal charges that is distinct from an exculpation. Justification and excuse are different defenses in a criminal case (See Justification and excuse).Criminal Law Cases and Materials, 7th ed. 201 ...
, especially the unlawful killing of another human with
malice aforethought
Malice aforethought is the "premeditation" or "predetermination" (with malice) required as an element of some crimes in some jurisdictions and a unique element for first-degree or aggravated murder in a few. Insofar as the term is still in use, ...
.
[ ("The killing of another person without justification or excuse, especially the crime of killing a person with malice aforethought or with recklessness manifesting extreme indifference to the value of human life.")] This state of mind may, depending upon the
jurisdiction
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels.
J ...
, distinguish murder from other forms of unlawful
homicide
Homicide occurs when a person kills another person. A homicide requires only a volitional act or omission that causes the death of another, and thus a homicide may result from accidental, reckless, or negligent acts even if there is no inten ...
, such as
manslaughter
Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th ce ...
. Manslaughter is killing committed in the absence of
''malice'',
[This is "malice" in a technical legal sense, not the more usual English sense denoting an emotional state. See ]malice (law)
Malice is a legal term which refers to a party's intention to do injury to another party. Malice is either ''expressed'' or ''implied''. For example, malice is expressed when there is manifested a deliberate intention to unlawfully take away t ...
. brought about by reasonable
provocation
Provocation, provoke or provoked may refer to:
* Provocation (legal), a type of legal defense in court which claims the "victim" provoked the accused's actions
* Agent provocateur, a (generally political) group that tries to goad a desired re ...
, or
diminished capacity.
''Involuntary'' manslaughter, where it is recognized, is a killing that lacks all but the most attenuated
guilty intent, recklessness.
Most societies consider murder to be an extremely serious crime, and thus that a person convicted of murder should receive harsh punishments for the purposes of
retribution,
deterrence,
rehabilitation
Rehabilitation or Rehab may refer to:
Health
* Rehabilitation (neuropsychology), therapy to regain or improve neurocognitive function that has been lost or diminished
* Rehabilitation (wildlife), treatment of injured wildlife so they can be retur ...
, or
incapacitation. In most countries, a person convicted of murder generally faces a long-term prison sentence, a
life sentence
Life imprisonment is any sentence of imprisonment for a crime under which convicted people are to remain in prison for the rest of their natural lives or indefinitely until pardoned, paroled, or otherwise commuted to a fixed term. Crimes ...
, or
capital punishment
Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that ...
.
Etymology
The modern English word "murder" descends from the
Proto-Indo-European
Proto-Indo-European (PIE) is the reconstructed common ancestor of the Indo-European language family. Its proposed features have been derived by linguistic reconstruction from documented Indo-European languages. No direct record of Proto-Indo ...
''*mŕ̥-trom'' which meant "killing", a noun derived from ''*mer-'' "to die".
Proto-Germanic
Proto-Germanic (abbreviated PGmc; also called Common Germanic) is the reconstructed proto-language of the Germanic branch of the Indo-European languages.
Proto-Germanic eventually developed from pre-Proto-Germanic into three Germanic br ...
in fact had two nouns derived from this word, later merging into the modern English noun: ''*murþrą'' "death, killing, murder" (directly from Proto-Indo-European''*mŕ̥-trom''), whence
Old English
Old English (, ), or Anglo-Saxon, is the earliest recorded form of the English language, spoken in England and southern and eastern Scotland in the early Middle Ages. It was brought to Great Britain by Anglo-Saxon settlers in the mid-5th ...
''morðor'' "secret or unlawful killing of a person, murder; mortal sin, crime; punishment, torment, misery"; and ''*murþrijô'' "murderer; homicide" (from the verb ''*murþrijaną'' "to murder"), giving Old English ''myrþra'' "homicide, murder; murderer". There was a third word for "murder" in Proto-Germanic, continuing Proto-Indo-European ''*mr̥tós'' "dead" (compare
Latin
Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through ...
''mors''), giving Proto-Germanic ''*murþą'' "death, killing, murder" and Old English ''morþ'' "death, crime, murder" (compare German ''Mord'').
The ''-d-'' first attested in
Middle English
Middle English (abbreviated to ME) is a form of the English language that was spoken after the Norman conquest of 1066, until the late 15th century. The English language underwent distinct variations and developments following the Old Englis ...
''mordre, mourdre, murder, murdre'' could have been influenced by
Old French
Old French (, , ; Modern French: ) was the language spoken in most of the northern half of France from approximately the 8th to the 14th centuries. Rather than a unified language, Old French was a linkage of Romance dialects, mutually intel ...
''murdre'', itself derived from the Germanic noun via
Frankish ''*murþra'' (compare
Old High German
Old High German (OHG; german: Althochdeutsch (Ahd.)) is the earliest stage of the German language, conventionally covering the period from around 750 to 1050.
There is no standardised or supra-regional form of German at this period, and Old Hig ...
''murdreo, murdiro''), though the same sound development can be seen with ''burden'' (from ''burthen''). The alternative ''murther'' (attested up to the 19th century) springs directly from the Old English forms. Middle English ''mordre'' is a verb from Anglo-Saxon ''myrðrian'' from Proto-Germanic ''*murþrijaną'', or, according to the ''
Oxford English Dictionary
The ''Oxford English Dictionary'' (''OED'') is the first and foundational historical dictionary of the English language, published by Oxford University Press (OUP). It traces the historical development of the English language, providing a c ...
'', from the noun.
Use of the term
In many countries, in news reports, out of concern for being accused of
defamation
Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defini ...
,
journalists
A journalist is an individual that collects/gathers information in form of text, audio, or pictures, processes them into a news-worthy form, and disseminates it to the public. The act or process mainly done by the journalist is called journalism ...
are generally careful not to identify a suspect as a murderer until the suspect is
convicted
In law, a conviction is the verdict reached by a court of law finding a defendant guilty of a crime. The opposite of a conviction is an acquittal (that is, "not guilty"). In Scotland, there can also be a verdict of " not proven", which is co ...
of murder in a court of law. After arrest, for example, journalists may instead write that the person was "arrested on suspicion of murder", or, after a prosecutor files charges, as an "accused murderer".
Opponents of abortion consider abortion a form of murder. In some countries, a fetus is a legal person who can be murdered, and killing a pregnant woman is considered a double homicide.
Definition
The eighteenth-century English jurist
William Blackstone
Sir William Blackstone (10 July 1723 – 14 February 1780) was an English jurist, judge and Tory politician of the eighteenth century. He is most noted for writing the ''Commentaries on the Laws of England''. Born into a middle-class family ...
(citing
Edward Coke
Edward is an English given name. It is derived from the Anglo-Saxon name ''Ēadweard'', composed of the elements '' ēad'' "wealth, fortune; prosperous" and '' weard'' "guardian, protector”.
History
The name Edward was very popular in Anglo-Sax ...
), in his ''
Commentaries on the Laws of England
The ''Commentaries on the Laws of England'' are an influential 18th-century treatise on the common law of England by Sir William Blackstone, originally published by the Clarendon Press at Oxford, 1765–1770. The work is divided into four volum ...
'' set out the
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...
definition of murder, which by this definition occurs
The elements of common law murder are:
* unlawful
* killing
* through criminal act or omission
* of a human
* by another human
* with malice aforethought.
* ''Unlawful'' – This distinguishes murder from killings that are done within the boundaries of law, such as capital punishment, justified
self-defense
Self-defense (self-defence primarily in Commonwealth English) is a countermeasure that involves defending the health and well-being of oneself from harm. The use of the right of self-defense as a legal justification for the use of force ...
, or the killing of enemy
combatant
Combatant is the legal status of an individual who has the right to engage in hostilities during an armed conflict. The legal definition of "combatant" is found at article 43(2) of Additional Protocol I (AP1) to the Geneva Conventions of 1949. It ...
s by lawful combatants as well as causing
collateral damage
Collateral damage is any death, injury, or other damage inflicted that is an incidental result of an activity. Originally coined by military operations, it is now also used in non-military contexts.
Since the development of precision guided ...
to
non-combatant
Non-combatant is a term of art in the law of war and international humanitarian law to refer to civilians who are not taking a direct part in hostilities; persons, such as combat medics and military chaplains, who are members of the belligere ...
s 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.
* ''Criminal act or omission'' – Killing can be committed by an act or an
omission.
* ''Of a human'' – This element presents the issue of when life begins. At common law, a fetus was not a human being. Life began when the fetus passed through the vagina and took its first breath.
* ''By another human'' – In early common law,
suicide
Suicide is the act of intentionally causing one's own death. Mental disorders (including depression, bipolar disorder, schizophrenia, personality disorders, anxiety disorders), physical disorders (such as chronic fatigue syndrome), and ...
was considered murder.
The requirement that the person killed be someone other than the perpetrator excluded suicide from the definition of murder.
* ''With malice aforethought'' – Originally ''
malice aforethought
Malice aforethought is the "premeditation" or "predetermination" (with malice) required as an element of some crimes in some jurisdictions and a unique element for first-degree or aggravated murder in a few. Insofar as the term is still in use, ...
'' 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:
Under state of mind (i), intent to kill, the ''deadly weapon rule'' applies. Thus, if the defendant intentionally uses a
deadly weapon
A deadly weapon, sometimes dangerous weapon (although some jurisdictions differentiate between the two) or lethal weapon, is an item that can inflict mortal or great bodily harm. By statutory definition, certain items, especially firearms, are de ...
or instrument against the victim, such use authorizes a permissive inference of intent to kill. 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. 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.
[; but the common law has been modified in NSW: .]
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
In criminal law, a lesser included offense is a crime for which all of the elements necessary to impose liability are also elements found in a more serious crime. It is also used in non-criminal violations of law, such as certain classes of tr ...
such as assault, otherwise all criminal homicides would be murder as all are felonies.
In Spanish criminal law, murder takes place when any of these requirements concur: Treachery (the use of means to avoid risk for the aggressor or to ensure that the crime goes unpunished), price or reward (financial gain) or viciousness (deliberately increasing the pain of the victim). After the last reform of the
Spanish Criminal Code
The Criminal Code is a law that codifies most criminal offences in Spain. The Code is established by an organic law, the Organic Law 10/1995, of 23 November, of the Criminal Code (''Ley Orgánica 10/1995, de 23 de noviembre, del Código Penal ...
, in force since July 1, 2015, another circumstance that turns homicide into murder is the desire to facilitate the commission of another crime or to prevent it from being discovered.
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 offense. The jury might sympathize with the defendant (e.g. in a
crime of passion
A crime of passion (French: ''crime passionnel''), in popular usage, refers to a violent crime, especially homicide, in which the perpetrator commits the act against someone because of sudden strong impulse such as anger rather than as a premed ...
, or in the case of a bullied victim who kills their tormentor), and the jury may wish to protect the defendant from a sentence of life imprisonment or execution.
Degrees of murder
Some jurisdictions divide murder by degrees. The distinction between first- and second-degree murder exists, for example, in
Canadian murder law and
U.S. 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, murders committed by acts such as
strangulation
Strangling is compression of the neck that may lead to unconsciousness or death by causing an increasingly hypoxic state in the brain. Fatal strangling typically occurs in cases of violence, accidents, and is one of two main ways that hangin ...
,
poisoning
A poison can be any substance that is harmful to the body. It can be swallowed, inhaled, injected or absorbed through the skin. Poisoning is the harmful effect that occurs when too much of that substance has been taken. Poisoning is not to ...
, or
lying in wait
In criminal law, lying in wait refers to the act of hiding and waiting for an individual with the intent to kill or inflict serious bodily harm to that person. Because lying in wait involves premeditation, some jurisdictions have established that ...
are also treated as first-degree murder. A few states in the U.S. further distinguish
third-degree murder
In the United States, the law for murder varies by jurisdiction. In many US jurisdictions there is a hierarchy of acts, known collectively as homicide, of which first-degree murder and felony murder are the most serious, followed by second-degr ...
, but they differ significantly in which kinds of murders they classify as second-degree versus third-degree. For example, Minnesota defines third-degree murder as
depraved-heart murder
In United States law, depraved-heart murder, also known as depraved-indifference murder, is a type of murder where an individual acts with a " depraved indifference" to human life and where such act results in a death, despite that individual n ...
, whereas Florida defines third-degree murder as
felony murder
The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder: when someone is killed (regardless of intent to kill) in the commission of a dangerous or enumerated crime (called a felony i ...
(except when the underlying felony is specifically listed in the definition of first-degree murder).
Some jurisdictions also distinguish premeditated murder. This is the
crime
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in C ...
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. 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 homicide, often with a
life sentence
Life imprisonment is any sentence of imprisonment for a crime under which convicted people are to remain in prison for the rest of their natural lives or indefinitely until pardoned, paroled, or otherwise commuted to a fixed term. Crimes ...
without the possibility of
parole
Parole (also known as provisional release or supervised release) is a form of early release of a prison inmate where the prisoner agrees to abide by certain behavioral conditions, including checking-in with their designated parole officers, or ...
, or in some countries, the
death penalty
Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that ...
. In the U.S,
federal law
Federal law is the body of law created by the federal government of a country. A federal government is formed when a group of political units, such as states or provinces join in a federation, delegating their individual sovereignty and many ...
() criminalizes premeditated murder, felony murder and second-degree murder committed under situations where federal jurisdiction applies. In Canada, the
criminal code
A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might ...
classifies murder as either first- or second-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
According to Blackstone, English
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...
identified murder as a ''public wrong''. According to 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.
Some jurisdictions still take a common law view of murder. In such jurisdictions, what is considered to be murder is defined by
precedent
A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great v ...
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
General
Although laws vary by country, there are circumstances of exclusion that are common in many legal systems.
* The killing of enemy combatants who have not surrendered, when committed by lawful combatants in accordance with lawful orders in war, is generally not considered murder. Illicit killings within a war may constitute murder or homicidal
war crimes; see
Laws of war
The law of war is the component of international law that regulates the conditions for initiating war ('' jus ad bellum'') and the conduct of warring parties (''jus in bello''). Laws of war define sovereignty and nationhood, states and territ ...
.
*
Self-defense
Self-defense (self-defence primarily in Commonwealth English) is a countermeasure that involves defending the health and well-being of oneself from harm. The use of the right of self-defense as a legal justification for the use of force ...
: acting in self-defense or in defense of another person is generally accepted as legal justification for killing a person in situations that would otherwise have been murder. However, a self-defense killing might be considered manslaughter if the killer established control of the situation before the killing took place. In the case of self-defense, it is called a "justifiable homicide".
* Unlawful killings without malice or intent are considered manslaughter.
* In many common law countries,
provocation
Provocation, provoke or provoked may refer to:
* Provocation (legal), a type of legal defense in court which claims the "victim" provoked the accused's actions
* Agent provocateur, a (generally political) group that tries to goad a desired re ...
is a partial defense 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 countries
*
Capital punishment
Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that ...
: 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
Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail ...
with
due process
Due process of law is application by state of all legal rules and principles pertaining to the case so all legal rights that are owed to the person are respected. Due process balances the power of law of the land and protects the individual per ...
for a serious crime. All member states of the
Council of Europe
The Council of Europe (CoE; french: Conseil de l'Europe, ) is an international organisation founded in the wake of World War II to uphold human rights, democracy and the rule of law in Europe. Founded in 1949, it has 46 member states, with a p ...
are prohibited from using the death penalty.
*
Euthanasia
Euthanasia (from el, εὐθανασία 'good death': εὖ, ''eu'' 'well, good' + θάνατος, ''thanatos'' 'death') is the practice of intentionally ending life to eliminate pain and suffering.
Different countries have different eut ...
, doctor-assisted suicide: the administration of lethal drugs by a doctor to a
terminally ill
Terminal illness or end-stage disease is a disease that cannot be cured or adequately treated and is expected to result in the death of the patient. This term is more commonly used for progressive diseases such as cancer, dementia or advanced h ...
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).
* Killing to prevent the theft of one's property may be legal, depending on the jurisdiction. In 2013, a jury in south Texas acquitted a man who killed a
sex worker
A sex worker is a person who provides sex work, either on a regular or occasional basis. The term is used in reference to those who work in all areas of the sex industry.Oxford English Dictionary, "sex worker"
According to one view, sex work i ...
who attempted to run away with his money.
* Killing an intruder who is found by an owner to be in the owner's home (having entered unlawfully): legal in most US states (see
Castle doctrine
A castle doctrine, also known as a castle law or a defense of habitation law, is a legal doctrine that designates a person's abode or any legally occupied place (for example, a vehicle or home) as a place in which that person has protections and ...
).
* Killing to prevent specific forms of aggravated rape or
sexual assault
Sexual assault is an act in which one intentionally sexually touches another person without that person's consent, or coerces or physically forces a person to engage in a sexual act against their will. It is a form of sexual violence, which ...
– killing of attacker by the potential victim or by witnesses to the scene; legal in parts of the US and in various other countries.
* In some countries, the killing of a woman or girl in specific circumstances (e.g., when she commits
adultery
Adultery (from Latin ''adulterium'') is extramarital sex that is considered objectionable on social, religious, moral, or legal grounds. Although the sexual activities that constitute adultery vary, as well as the social, religious, and legal ...
and is killed by her husband or other family members, known as
honor killing
An honor killing (American English), honour killing (Commonwealth English), or shame killing is the murder of an individual, either an outsider or a member of a family, by someone seeking to protect what they see as the dignity and honor of ...
) is not considered murder.
* In the United States, in some states and in federal jurisdiction, a killing by a police officer is excluded from prosecution if the officer believes they are being threatened with deadly force by the victim. 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.
Victim
All jurisdictions require that the victim be a natural person; that is, a human being who was still alive before being murdered. In other words, under the law one cannot murder a
corpse
A cadaver or corpse is a dead human body that is used by medical students, physicians and other scientists to study anatomy, identify disease sites, determine causes of death, and provide tissue to repair a defect in a living human being. Stud ...
, a corporation, a non-human animal, or any other non-human organism such as a plant or bacterium.
California
California is a state in the Western United States, located along the Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the most populous U.S. state and the 3rd largest by area. It is also the m ...
's murder statute,
penal code
A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might ...
section 187, expressly mentioned a fetus as being capable of being killed, and was interpreted by the
Supreme Court of California
The Supreme Court of California is the Supreme court, highest and final court of appeals in the judiciary of California, courts of the U.S. state of California. It is headquartered in San Francisco at the Earl Warren Building, but it regularly h ...
in 1994 as not requiring any proof of the viability of the fetus as a prerequisite to a murder conviction.
[''People v. Davis'']
7 Cal. 4th 797, 30 Cal. Rptr. 2d 50, 872 P.2d 591
(1994). This holding has two implications. Firstly, a defendant in California can be convicted of murder for killing a fetus which the mother herself could have terminated without committing a crime.
And secondly, as stated by Justice
Stanley Mosk in his dissent, because women carrying nonviable fetuses may not be visibly pregnant, it may be possible for a defendant to be convicted of intentionally murdering a person they did not know existed.
Mitigating circumstances
Some countries allow conditions that "affect the balance of the mind" to be regarded as
mitigating circumstances
In criminal law, a mitigating factor, also known as an extenuating circumstance, is any information or evidence presented to the court regarding the defendant or the circumstances of the crime that might result in reduced charges or a lesser sente ...
. This means that a person may be found guilty of "manslaughter" on the basis of "diminished responsibility" rather than being found guilty of 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
Post-traumatic stress disorder (PTSD) is a mental and behavioral disorder that can develop because of exposure to a traumatic event, such as sexual assault, warfare, traffic collisions, child abuse, domestic violence, or other threats o ...
and medication
side-effects are examples of conditions that may be taken into account when assessing responsibility.
Insanity
Mental disorder
A mental disorder, also referred to as a mental illness or psychiatric disorder, is a behavioral or mental pattern that causes significant distress or impairment of personal functioning. Such features may be persistent, relapsing and remitti ...
may apply to a wide range of disorders including
psychosis
Psychosis is a condition of the mind that results in difficulties determining what is real and what is not real. Symptoms may include delusions and hallucinations, among other features. Additional symptoms are incoherent speech and behavi ...
caused by
schizophrenia
Schizophrenia is a mental disorder characterized by continuous or relapsing episodes of psychosis. Major symptoms include hallucinations (typically hearing voices), delusions, and disorganized thinking. Other symptoms include social w ...
and
dementia
Dementia is a disorder which manifests as a set of related symptoms, which usually surfaces when the brain is damaged by injury or disease. The symptoms involve progressive impairments in memory, thinking, and behavior, which negatively affe ...
, and excuse the person from the need to undergo the stress of a trial as to liability. Usually,
sociopathy and other
personality disorders
Personality disorders (PD) are a class of mental disorders characterized by enduring maladaptive patterns of behavior, cognition, and inner experience, exhibited across many contexts and deviating from those accepted by the individual's cultur ...
are not legally considered insanity. In some jurisdictions, following the pre-trial hearing to determine the extent of the disorder, the defense of "not guilty by reason of insanity" may be used to get a not guilty verdict. This defense has two elements:
* That the
defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case.
Terminology varies from one jurisd ...
had a serious mental illness, disease, or defect
* That the defendant's mental condition, at the time of the killing, rendered the perpetrator unable to determine right from wrong, or that what they were doing was wrong
![CCTV 1 of Aaron Alexis in building 197](https://upload.wikimedia.org/wikipedia/commons/3/3d/CCTV_1_of_Aaron_Alexis_in_building_197.jpg)
Under
New York
New York most commonly refers to:
* New York City, the most populous city in the United States, located in the state of New York
* New York (state), a state in the northeastern United States
New York may also refer to:
Film and television
* '' ...
law, for example:
Under the
French Penal Code:
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.
[, note: this text refers to the procedure of ]involuntary commitment
Involuntary commitment, civil commitment, or involuntary hospitalization/hospitalisation is a legal process through which an individual who is deemed by a qualified agent to have symptoms of severe mental disorder is detained in a psychiatric hos ...
by the demand of the public authority, but the prefect systematically use that procedure whenever a man is discharged due to his dementia.
Postpartum depression
Postpartum depression
Postpartum depression (PPD), also called postnatal depression, is a type of mood disorder associated with childbirth, which can affect both sexes. Symptoms may include extreme sadness, low energy, anxiety, crying episodes, irritability, and cha ...
(also known as post-natal depression) is recognized in some countries as a mitigating factor in cases of
infanticide
Infanticide (or infant homicide) is the intentional killing of infants or offspring. Infanticide was a widespread practice throughout human history that was mainly used to dispose of unwanted children, its main purpose is the prevention of resou ...
. According to Susan Friedman, "Two dozen nations have infanticide laws that decrease the penalty for mothers who kill their children of up to one year of age. The United States does not have such a law, but mentally ill mothers may plead not guilty by reason of insanity." In the
law of the Republic of Ireland
The law of Ireland consists of constitutional, statute, and common law. The highest law in the State is the Constitution of Ireland, from which all other law derives its authority. The Republic has a common-law legal system with a written const ...
, infanticide was made a separate crime from murder in 1949, applicable for the mother of a baby under one year old where "the balance of her mind was disturbed by reason of her not having fully recovered from the effect of giving birth to the child or by reason of the effect of lactation consequent upon the birth of the child". Since independence, death sentences for murder in such cases had always been
commuted;
the new act was intended "to eliminate all the terrible ritual of the
black cap and the solemn words of the judge pronouncing sentence of death in those cases ... where it is clear to the Court and to everybody, except perhaps the unfortunate accused, that the sentence will never be carried out." In Russia, murder of a newborn child by the mother has been a separate crime since 1996.
Unintentional
For a killing to be considered murder in nine out of fifty states in the US, there normally needs to be an element of intent. A defendant may argue that they took precautions not to kill, that the death could not have been anticipated, or was unavoidable. As a general rule,
manslaughter
Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th ce ...
constitutes
reckless killing, but manslaughter also includes criminally negligent (i.e. grossly negligent) homicide.
Unintentional killing that results from an involuntary action generally cannot constitute murder. After examining the evidence, a judge or jury (depending on the jurisdiction) would determine whether the killing was intentional or unintentional.
Diminished capacity
In jurisdictions using the Uniform Penal Code, such as California,
diminished capacity may be a defense. For example,
Dan White
Daniel James White (September 2, 1946 – October 21, 1985) was an American politician who assassinated San Francisco Mayor George Moscone and Supervisor Harvey Milk, on Monday, November 27, 1978, at City Hall. White was convicted of manslaugh ...
used this defense to obtain a manslaughter conviction, instead of murder, in the
assassination
Assassination is the murder of a prominent or important person, such as a head of state, head of government, politician, world leader, member of a royal family or CEO. The murder of a celebrity, activist, or artist, though they may not have ...
of Mayor
George Moscone and Supervisor
Harvey Milk
Harvey Bernard Milk (May 22, 1930 – November 27, 1978) was an American politician and the first openly gay man to be elected to public office in California, as a member of the San Francisco Board of Supervisors. Milk was born and raised in ...
. Afterward, California amended its penal code to provide "As a matter of public policy there shall be no defense of diminished capacity, diminished responsibility, or irresistible impulse in a criminal action...."
Aggravating circumstances
Murder with specified
aggravating circumstances
Aggravation, in law, is "any circumstance attending the commission of a crime or tort which increases its guilt or enormity or adds to its injurious consequences, but which is above and beyond the essential constituents of the crime or tort itself. ...
is often punished more harshly. Depending on the jurisdiction, such circumstances may include:
* Premeditation
* Poisoning
* Murder of a child
* Multiple murders committed within the same transaction or scheme
* Murder of a police officer,
[See Murder (English law).][ Mandatory life sentences for murder of police officers.] judge, firefighter or witness to a crime
* Murder of a pregnant woman
* Crime committed for pay or other reward, such as
contract killing
Contract killing is a form of murder or assassination in which one party hires another party to kill a targeted person or persons. It involves an illegal agreement which includes some form of payment, monetary or otherwise. Either party may be ...
* Exceptional brutality or cruelty
* Methods which are dangerous to the public e.g. explosion, arson, shooting in a crowd etc.
* Murder for a political cause
* Murder committed in order to conceal another crime or facilitate its commission.
*
Hate crimes
A hate crime (also known as a bias-motivated crime or bias crime) is a prejudice-motivated crime which occurs when a perpetrator targets a victim because of their membership (or perceived membership) of a certain social group or racial demograph ...
, which occur when a perpetrator targets a victim because of their perceived membership in a certain social group.
* Treachery (e.g. ''
Heimtücke'' in
German law
The law of Germany (german: das Recht Deutschlands), that being the modern German legal system (german: Deutsches Rechtssystem), is a system of civil law which is founded on the principles laid out by the Basic Law for the Federal Republic of G ...
)
In the United States and Canada, these murders are referred to as
first-degree or
aggravated murders.
Under
English criminal law
English criminal law concerns offences, their prevention and the consequences, in England and Wales. Criminal conduct is considered to be a wrong against the whole of a community, rather than just the private individuals affected. The state, i ...
,
murder
Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the ...
always carries a mandatory
life sentence
Life imprisonment is any sentence of imprisonment for a crime under which convicted people are to remain in prison for the rest of their natural lives or indefinitely until pardoned, paroled, or otherwise commuted to a fixed term. Crimes ...
, but is not classified into degrees. Penalties for murder committed under aggravating circumstances are often higher under English law than the 15-year minimum non-parole period that otherwise serves as a starting point for a murder committed by an adult.
Felony murder rule
A legal
doctrine
Doctrine (from la, doctrina, meaning "teaching, instruction") is a codification of beliefs or a body of teachings or instructions, taught principles or positions, as the essence of teachings in a given branch of knowledge or in a belief syste ...
in some common law jurisdictions broadens the crime of murder: when an offender kills in the commission of a dangerous crime, (regardless of intent), he or she is guilty of murder. The felony murder rule is often justified by its supporters as a means of preventing dangerous felonies, but the case of
Ryan Holle
Ryan Joseph Holle (born November 17, 1982) is an American convict found guilty in 2004 of first-degree murder under the felony murder rule for lending his car to a friend after the friend and others at a party discussed their plans to steal drugs ...
shows it can be used very widely.
Year-and-a-day rule
In some common law jurisdictions, a
defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case.
Terminology varies from one jurisd ...
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; and also means that the responsible person does not have a charge of murder "hanging over their head indefinitely". Subject to any
statute of limitations
A statute of limitations, known in civil law systems as a prescriptive period, is a law passed by a legislative body to set the maximum time after an event within which legal proceedings may be initiated. ("Time for commencing proceedings") In ...
, the accused could still be charged with an offense 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. This is known as "delayed death" and cases where this was applied or was attempted to be applied go back to at least 1966.
In England and Wales, the "year-and-a-day rule" was abolished by the
Law Reform (Year and a Day Rule) Act 1996. However, if death occurs three years or more after the original attack then prosecution can take place only with the
attorney-general
In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general.
In some jurisdictions, attorneys general also have exec ...
's approval.
In the United States, many jurisdictions have abolished the rule as well.
Abolition of the rule has been accomplished by enactment of statutory criminal codes, which had the effect of displacing the common-law definitions of crimes and corresponding defenses. In 2001 the
Supreme Court of the United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. Federal tribunals in the United States, federal court cases, and over Stat ...
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
Article One of the United States Constitution establishes the legislative branch of the federal government, the United States Congress. Under Article One, Congress is a bicameral legislature consisting of the House of Representatives and the Sen ...
.
The potential effect of fully abolishing the rule can be seen in the case of 74-year-old William Barnes, charged with the murder of a Philadelphia police officer Walter T. Barclay Jr., who he had shot nearly 41 years previously. Barnes had served 16 years in prison for attempting to murder Barkley, but when the policeman died on August 19, 2007, this was alleged to be from complications of the wounds suffered from the shooting – and Barnes was charged with his murder. He was acquitted on May 24, 2010.
Contributing factors
According to Peter Morall, the motivations for murder fit into the following 4 categories:
* ''
Lust
Lust is a psychological force producing intense desire for something, or circumstance while already having a significant amount of the desired object. Lust can take any form such as the lust for sexuality (see libido), money, or power. It ...
:'' The murderer seeks to kill rivals to obtain objects of their sexual desire
* ''
Love
Love encompasses a range of strong and positive emotional and mental states, from the most sublime virtue or good habit, the deepest Interpersonal relationship, interpersonal affection, to the simplest pleasure. An example of this range of ...
:'' The murderer seeks to "
mercy kill" a loved one with a major deformity or an incurable illness.
* ''
Loathing Loathing or loathe may refer to:
* Loathing (emotion), a feeling of disgust or hatred
* Loathe (band)
Loathe are an English heavy metal band from Liverpool. Formed in 2014, the group consists of lead vocalist Kadeem France, guitarist and seco ...
:'' The murderer seeks to kill a loathed person (such as an abusive parent) or members of a loathed group or culture.
* ''
Loot
Loot may refer to:
Film
*''Loot'' (1919 film), a film by William C. Dowlan
* ''Loot'' (1970 film), a British film by Silvio Narizzano
* ''Loot'' (2008 film), a documentary
* ''Loot'' (2011 film), an Indian film
* ''Loot'' (2012 film), a Nepali fi ...
:'' The murderer seeks some form of financial gain.
Morall argues that a motive alone is insufficient to explain criminal killing, as people can experience those impulse without killing. Morall insists risk factors that may increase the chance that somebody will commit a murder include:
*
Testosterone
Testosterone is the primary sex hormone and anabolic steroid in males. In humans, testosterone plays a key role in the development of male reproductive tissues such as testes and prostate, as well as promoting secondary sexual characteristi ...
, the primary male sex hormone, is correlated with competitive and assertive behaviour.
* Reduction in
serotonin
Serotonin () or 5-hydroxytryptamine (5-HT) is a monoamine neurotransmitter. Its biological function is complex and multifaceted, modulating mood, cognition, reward, learning, memory, and numerous physiological processes such as vomiting and va ...
increases likelihood of impulsive hostile behaviour.
* Alteration in the
breakdown of glucose appears to affect mood and behaviour.
*
Hyperglycemia
Hyperglycemia is a condition in which an excessive amount of glucose circulates in the blood plasma. This is generally a blood sugar level higher than 11.1 mmol/L (200 mg/dL), but symptoms may not start to become noticeable until even ...
and
Hypoglycemia
Hypoglycemia, also called low blood sugar, is a fall in blood sugar to levels below normal, typically below 70 mg/dL (3.9 mmol/L). Whipple's triad is used to properly identify hypoglycemic episodes. It is defined as blood glucose bel ...
can both lead to aggression.
*
Consumption of alcohol
An alcoholic beverage (also called an alcoholic drink, adult beverage, or a drink) is a drink that contains ethanol, a type of alcohol that acts as a drug and is produced by fermentation of grains, fruits, or other sources of sugar. The cons ...
can lead to reduced self control.
*
Environmental pollutants
Pollution is the introduction of contaminants into the natural environment that cause adverse change. Pollution can take the form of any substance (solid, liquid, or gas) or energy (such as radioactivity, heat, sound, or light). Pollutants, the ...
circulating in the body are linked to heightened aggression.
*
Malnutrition
Malnutrition occurs when an organism gets too few or too many nutrients, resulting in health problems. Specifically, it is "a deficiency, excess, or imbalance of energy, protein and other nutrients" which adversely affects the body's tissues ...
from eating too much
junk food
"Junk food" is a term used to describe food that is high in calories from sugar and/or fat, and possibly also sodium, but with little dietary fiber, protein, vitamins, minerals, or other important forms of nutritional value. It is also known ...
can provoke aggressive behaviour and even murder.
Certain
personality disorder
Personality disorders (PD) are a class of mental disorders characterized by enduring maladaptive patterns of behavior, cognition, and inner experience, exhibited across many contexts and deviating from those accepted by the individual's cultu ...
s are associated with an increased homicide rate, most notably narcissistic, anti-social, and histrionic personality disorders and those associated with psychopathology.
Some aspects of
homicide
Homicide occurs when a person kills another person. A homicide requires only a volitional act or omission that causes the death of another, and thus a homicide may result from accidental, reckless, or negligent acts even if there is no inten ...
s, including the genetic relations or proximity between murderers and their victims, (as in the
Cinderella effect), may potentially be explained by the
evolution theory or
evolutionary psychology
Evolutionary psychology is a theoretical approach in psychology that examines cognition and behavior from a modern evolutionary perspective. It seeks to identify human psychological adaptations with regards to the ancestral problems they evo ...
.
Several studies have shown that there is a correlation between murder rates and
poverty
Poverty is the state of having few material possessions or little income. Poverty can have diverse .
A 2000 study showed that regions of the state of
São Paulo
São Paulo (, ; Portuguese for ' Saint Paul') is the most populous city in Brazil, and is the capital of the state of São Paulo, the most populous and wealthiest Brazilian state, located in the country's Southeast Region. Listed by the GaW ...
in Brazil with lower income also had higher rates of murder.
Religious attitudes
Abrahamic context
![Thugs Strangling Traveller](https://upload.wikimedia.org/wikipedia/commons/4/4f/Thugs_Strangling_Traveller.jpg)
In the
Abrahamic religion
The Abrahamic religions are a group of religions centered around worship of the God of Abraham. Abraham, a Hebrew patriarch, is extensively mentioned throughout Abrahamic religious scriptures such as the Bible and the Quran.
Jewish traditi ...
s, the first ever murder was committed by
Cain
Cain ''Káïn''; ar, قابيل/قايين, Qābīl/Qāyīn is a Biblical figure in the Book of Genesis within Abrahamic religions. He is the elder brother of Abel, and the firstborn son of Adam and Eve, the first couple within the Bible. He ...
against his brother Abel out of
jealousy
Jealousy generally refers to the thoughts or feelings of insecurity, fear, and concern over a relative lack of possessions or safety.
Jealousy can consist of one or more emotions such as anger, resentment, inadequacy, helplessness or disgus ...
. In the past, certain types of homicide were lawful and justified. Georg Oesterdiekhoff wrote:
In many such societies the redress was not via a legal system, but by
blood revenge, although there might also be a form of payment that could be made instead—such as the
weregild
Weregild (also spelled wergild, wergeld (in archaic/historical usage of English), weregeld, etc.), also known as man price (blood money), was a precept in some archaic legal codes whereby a monetary value was established for a person's life, to b ...
which in early
Germanic society
The Germanic peoples were historical groups of people that once occupied Central Europe and Scandinavia during antiquity and into the early Middle Ages. Since the 19th century, they have traditionally been defined by the use of ancient and ear ...
could be paid to the victim's family
in lieu
Many words in the English vocabulary are of French origin, most coming from the Anglo-Norman spoken by the upper classes in England for several hundred years after the Norman Conquest, before the language settled into what became Modern Engli ...
of their right of revenge.
One of the oldest-known prohibitions against murder appears in the Sumerian
Code of Ur-Nammu
The Code of Ur-Nammu is the oldest known law code surviving today. It is from Mesopotamia and is written on tablets, in the Sumerian language c. 2100–2050 BCE.
Discovery
The first copy of the code, in two fragments found at Nippur, in what is ...
written sometime between 2100 and 2050
BC. The code states, "If a man commits a murder, that man must be killed."
Judeo-Christian standard
In
Judeo-Christian
The term Judeo-Christian is used to group Christianity and Judaism together, either in reference to Christianity's derivation from Judaism, Christianity's borrowing of Jewish Scripture to constitute the "Old Testament" of the Christian Bible, or ...
traditions, the
prohibition against murder is one of the
Ten Commandments
The Ten Commandments (Biblical Hebrew עשרת הדברים \ עֲשֶׂרֶת הַדְּבָרִים, ''aséret ha-dvarím'', lit. The Decalogue, The Ten Words, cf. Mishnaic Hebrew עשרת הדיברות \ עֲשֶׂרֶת הַדִּבְ ...
given by God to Moses in (Exodus: 20v13) and (Deuteronomy 5v17). The
Vulgate
The Vulgate (; also called (Bible in common tongue), ) is a late-4th-century Latin translation of the Bible.
The Vulgate is largely the work of Jerome who, in 382, had been commissioned by Pope Damasus I to revise the Gospels u ...
and subsequent early English translations of the Bible used the term ''secretly killeth his neighbour'' or ''smiteth his neighbour secretly'' rather than ''murder'' for the Latin ''clam percusserit proximum''. Later editions such as
Young's Literal Translation
Young's Literal Translation (YLT) is a translation of the Bible into English, published in 1862. The translation was made by Robert Young, compiler of ''Young's Analytical Concordance to the Bible'' and ''Concise Critical Comments on the New Tes ...
and the
World English Bible
The World English Bible (WEB) is an English translation of the Bible freely shared online. The translation work began in 1994 and was deemed complete in 2020. Created by volunteers with oversight by Michael Paul Johnson, the WEB is an updated ...
have translated the Latin ''occides'' simply as ''murder'' rather than the alternatives of ''kill'', ''assassinate'', ''fall upon'', or ''slay''.
In Islam
In
Islam
Islam (; ar, ۘالِإسلَام, , ) is an Abrahamic religions, Abrahamic Monotheism#Islam, monotheistic religion centred primarily around the Quran, a religious text considered by Muslims to be the direct word of God in Islam, God (or ...
according to the
Qur'an
The Quran (, ; Standard Arabic: , Quranic Arabic: , , 'the recitation'), also romanized Qur'an or Koran, is the central religious text of Islam, believed by Muslims to be a revelation from God. It is organized in 114 chapters (pl.: , sing. ...
, one of the
greatest sins is to kill a human being who has committed no fault.
"Do not take a ˹human˺ life—made sacred by Allah—except with ˹legal˺ right."
"That is why We ordained for the Children of Israel that whoever takes a life—unless as a punishment for murder or mischief in the land—it will be as if they killed all of humanity; and whoever saves a life, it will be as if they saved all of humanity."
"˹They are˺ those who do not invoke any other god besides Allah, nor take a ˹human˺ life—made sacred by Allah—except with ˹legal˺ right,
1 nor commit fornication. And whoever does ˹any of˺ this will face the penalty."
Historical attitudes
The term ''assassin'' derives from
Hashshashin
The Order of Assassins or simply the Assassins ( fa, حَشّاشین, Ḥaššāšīn, ) were a Nizārī Ismāʿīlī order and sect of Shīʿa Islam that existed between 1090 and 1275 CE. During that time, they lived in the mountains of P ...
, a militant
Ismaili
Isma'ilism ( ar, الإسماعيلية, al-ʾIsmāʿīlīyah) is a branch or sub-sect of Shia Islam. The Isma'ili () get their name from their acceptance of Imam Isma'il ibn Jafar as the appointed spiritual successor (imām) to Ja'far al-Sa ...
Shi'ite sect, active from the 8th to 14th centuries. This mystic
secret society
A secret society is a club or an organization whose activities, events, inner functioning, or membership are concealed. The society may or may not attempt to conceal its existence. The term usually excludes covert groups, such as intelligence a ...
killed members of the
Abbasid
The Abbasid Caliphate ( or ; ar, الْخِلَافَةُ الْعَبَّاسِيَّة, ') was the third caliphate to succeed the Islamic prophet Muhammad. It was founded by a dynasty descended from Muhammad's uncle, Abbas ibn Abdul-Muttalib ...
,
Fatimid
The Fatimid Caliphate was an Ismaili Shi'a caliphate extant from the tenth to the twelfth centuries AD. Spanning a large area of North Africa, it ranged from the Atlantic Ocean in the west to the Red Sea in the east. The Fatimids, a dy ...
,
Seljuq Seljuk or Saljuq (سلجوق) may refer to:
* Seljuk Empire (1051–1153), a medieval empire in the Middle East and central Asia
* Seljuk dynasty (c. 950–1307), the ruling dynasty of the Seljuk Empire and subsequent polities
* Seljuk (warlord) (d ...
and
Crusade
The Crusades were a series of religious wars initiated, supported, and sometimes directed by the Latin Church in the medieval period. The best known of these Crusades are those to the Holy Land in the period between 1095 and 1291 that were i ...
r elite for political and religious reasons. The
Thuggee
Thuggee (, ) are actions and crimes carried out by Thugs, historically, organised gangs of professional robbers and murderers in India. The English word ''thug'' traces its roots to the Hindi ठग (), which means 'swindler' or 'deceiver'. Rela ...
cult that plagued India was devoted to
Kali
Kali (; sa, काली, ), also referred to as Mahakali, Bhadrakali, and Kalika ( sa, कालिका), is a Hinduism, Hindu goddess who is considered to be the goddess of ultimate power, time, destruction and change in Shaktism. In t ...
, the goddess of death and destruction. According to some estimates the Thuggees murdered 1 million people between 1740 and 1840. The
Aztec
The Aztecs () were a Mesoamerican culture that flourished in central Mexico in the post-classic period from 1300 to 1521. The Aztec people included different Indigenous peoples of Mexico, ethnic groups of central Mexico, particularly those g ...
s believed that without regular offerings of blood the sun god
Huitzilopochtli would withdraw his support for them and destroy the world as they knew it. According to
Ross Hassig Ross Hassig (born December 13, 1945) is an American historical anthropologist specializing in Mesoamerican studies, particularly the Aztec culture. His focus is often on the description of practical infrastructure in Mesoamerican societies. H ...
, author of ''Aztec Warfare'', "between 10,000 and 80,400 persons" were
sacrificed in the 1487 re-consecration of the
Great Pyramid of Tenochtitlan. Japanese
samurai
were the hereditary military nobility and officer caste of medieval and early-modern Japan from the late 12th century until their abolition in 1876. They were the well-paid retainers of the '' daimyo'' (the great feudal landholders). They h ...
had the
right to strike
Strike action, also called labor strike, labour strike, or simply strike, is a work stoppage caused by the mass refusal of employees to work. A strike usually takes place in response to employee grievances. Strikes became common during the I ...
with their sword at anyone of a
lower class who compromised their honour.
Slavery
Southern slave codes did make willful killing of a
slave
Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perf ...
illegal in most cases. For example, the 1860
Mississippi
Mississippi () is a state in the Southeastern region of the United States, bordered to the north by Tennessee; to the east by Alabama; to the south by the Gulf of Mexico; to the southwest by Louisiana; and to the northwest by Arkansas. Miss ...
case of ''Oliver v. State'' charged the defendant with murdering his own slave. In 1811, the wealthy white planter
Arthur Hodge was hanged for murdering several of his slaves on his plantation in the
Virgin Islands
The Virgin Islands ( es, Islas Vírgenes) are an archipelago in the Caribbean Sea. They are geologically and biogeographically the easternmost part of the Greater Antilles, the northern islands belonging to the Puerto Rico Trench and St. Croix ...
.
Honor killings in Corsica
In
Corsica
Corsica ( , Upper , Southern ; it, Corsica; ; french: Corse ; lij, Còrsega; sc, Còssiga) is an island in the Mediterranean Sea and one of the 18 regions of France. It is the fourth-largest island in the Mediterranean and lies southeast of ...
,
vendetta
Vendetta may refer to:
* Feud or vendetta, a long-running argument or fight
Film
* ''Vendetta'' (1919 film), a film featuring Harry Liedtke
* ''Vendetta'' (1950 film), an American drama produced by Howard Hughes
* ''Vendetta'' (1986 film), a ...
was a social code that required Corsicans to kill anyone who wronged their family honor. Between 1821 and 1852, no fewer than 4,300 murders were perpetrated in Corsica.
Incidence
![Map of world by intentional homicide rate](https://upload.wikimedia.org/wikipedia/commons/c/c9/Map_of_world_by_intentional_homicide_rate.svg)
The
World Health Organization
The World Health Organization (WHO) is a specialized agency of the United Nations responsible for international public health. The WHO Constitution states its main objective as "the attainment by all peoples of the highest possible level of h ...
reported in October 2002 that a person is murdered every 60 seconds. An estimated 520,000 people were murdered in 2000 around the globe. Another study estimated the worldwide murder rate at 456,300 in 2010 with a 35% increase since 1990. Two-fifths of them were young people between the ages of 10 and 29 who were killed by other young people. Because murder is the least likely crime to go unreported, statistics of murder are seen as a
bellwether
A bellwether is a leader or an indicator of trends.[bellwether]
" ''Cambridge Dictionary''. Ret ...
of overall crime rates.
Murder rates
The list of countries by UNODC homicide rate is typically expressed in units of deaths per 100,000 individuals per year. A mortality rate of 30 (out of 100,000) in a population of 100,000 would mean 30 deaths per year in that entire population, or ...
vary greatly among countries and societies around the world. In the
Western world
The Western world, also known as the West, primarily refers to the various nations and state (polity), states in the regions of Europe, North America, and Oceania. , murder rates in most countries have declined significantly during the 20th century and are now between 1 and 4 cases per 100,000 people per year.
Latin America and the Caribbean
The term Latin America and the Caribbean (LAC) is an English-language acronym referring to the Latin American and the Caribbean region. The term LAC covers an extensive region, extending from The Bahamas and Mexico to Argentina and Chile. The re ...
, the region with the highest murder rate in the world, experienced more than 2.5 million murders between 2000 and 2017.
Murder rates by varies countries
Murder rates in jurisdictions such as Japan, Singapore,
Hong Kong
Hong Kong ( (US) or (UK); , ), officially the Hong Kong Special Administrative Region of the People's Republic of China ( abbr. Hong Kong SAR or HKSAR), is a city and special administrative region of China on the eastern Pearl River Delt ...
, Iceland, Switzerland, Italy, Spain and Germany are among the lowest in the world, around 0.3–1 cases per 100,000 people per year; the rate of the United States is among the highest of
developed countries
A developed country (or industrialized country, high-income country, more economically developed country (MEDC), advanced country) is a sovereign state that has a high quality of life, developed economy and advanced technological infrastruct ...
, around 4.5 in 2014, with rates in larger cities sometimes over 40 per 100,000. The top ten highest murder rates are in Honduras (91.6 per 100,000), El Salvador, Ivory Coast, Venezuela, Belize, Jamaica,
U.S. Virgin Islands, Guatemala, Saint Kitts and Nevis and Zambia. (UNODC, 2011 –
full tabl
here
/small>).
The following absolute murder counts per-country are not comparable because they are not adjusted by each country's total population. Nonetheless, they are included here for reference, with 2010 used as the base year (they may or may not include justifiable homicide, depending on the jurisdiction). There were 52,260 murders in Brazil, consecutively elevating the record set in 2009. Over half a million people were shot to death in Brazil between 1979 and 2003. 33,335 murder cases were registered across India, approximately 17,000 murders in Colombia (the murder rate was 38 per 100,000 people, in 2008 murders went down to 15,000), approximately 16,000 murders in South Africa, approximately 15,000 murders in the United States, approximately 26,000 murders in Mexico, about 8,000 murders committed in Russia, approximately 13,000 murders in Venezuela, approximately 4,000 murders in El Salvador, approximately 1,400 murders in Jamaica, approximately 550 murders in Canada and approximately 470 murders in Trinidad and Tobago. Pakistan reported 12,580 murders.
Murder in the United States
![Bodom-1960-teltta](https://upload.wikimedia.org/wikipedia/commons/d/d5/Bodom-1960-teltta.jpg)
In the United States, 666,160 people were killed between 1960 and 1996. Approximately 90% of murders in the US are committed by males. Between 1976 and 2005, 23.5% of all murder victims and 64.8% of victims murdered by intimate partners were female. For women in the US, homicide is the leading cause of death in the workplace.
[ Chapter 6, Responding to Workplace Violence and Staff Victimization.]
In the US, murder is the leading cause of death for
African American
African Americans (also referred to as Black Americans and Afro-Americans) are an ethnic group consisting of Americans with partial or total ancestry from sub-Saharan Africa. The term "African American" generally denotes descendants of ens ...
males aged 15 to 34. Between 1976 and 2008, African Americans were victims of 329,825 homicides. In 2006,
Federal Bureau of Investigation
The Federal Bureau of Investigation (FBI) is the domestic intelligence and security service of the United States and its principal federal law enforcement agency. Operating under the jurisdiction of the United States Department of Justice, ...
's Supplementary Homicide Report indicated that nearly half of the 14,990 murder victims that year were Black (7421). In the year 2007, there were 3,221 black victims and 3,587 white victims of non-negligent homicides. While 2,905 of the black victims were killed by a black offender, 2,918 of the white victims were killed by white offenders. There were 566 white victims of black offenders and 245 black victims of white offenders. The "white" category in the
Uniform Crime Reports
The Uniform Crime Reporting (UCR) program compiles official data on crime in the United States, published by the Federal Bureau of Investigation (FBI). UCR is "a nationwide, cooperative statistical effort of nearly 18,000 city, university and co ...
(UCR) includes non-black
Hispanics
The term ''Hispanic'' ( es, hispano) refers to people, cultures, or countries related to Spain, the Spanish language, or Hispanidad.
The term commonly applies to countries with a cultural and historical link to Spain and to viceroyalties former ...
.
Murder demographics are affected by the improvement of
trauma care
Major trauma is any injury that has the potential to cause prolonged disability or death. There are many causes of major trauma, blunt and penetrating, including falls, motor vehicle collisions, stabbing wounds, and gunshot wounds. Depending ...
, which has resulted in reduced lethality of violent assaults – thus the murder rate may not necessarily indicate the overall level of social violence.
Workplace homicide, which tripled during the 1980s, is the fastest growing category of murder in America.
Development of murder rates over time in different countries is often used by both supporters and opponents of capital punishment and
gun control
Gun control, or firearms regulation, is the set of laws or policies that regulate the manufacture, sale, transfer, possession, modification, or use of firearms by civilians.
Most countries have a restrictive firearm guiding policy, with on ...
. 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, 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 most European Union countries, although all those countries have abolished the death penalty. Overall, the global pattern is chaos theory, too complex, and on average, the influence of both these factors may not be significant and could be more social, economic, and cultural.
Despite the immense improvements in forensics in the past few decades, the fraction of murders solved has decreased in the United States, from 90% in 1960 to 61% in 2007.
Solved murder rates in major U.S. cities varied in 2007 from 36% in Boston, Massachusetts to 76% in San Jose, California, San Jose,
California
California is a state in the Western United States, located along the Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the most populous U.S. state and the 3rd largest by area. It is also the m ...
.
Major factors affecting the arrest rate include witness cooperation
and the number of people assigned to investigate the case.
History of murder rates
![Homicide-world](https://upload.wikimedia.org/wikipedia/commons/4/44/Homicide-world.png)
According to scholar Pieter Spierenburg homicide rates per 100,000 in Europe have fallen over the centuries, from 35 per 100,000 in medieval times, to 20 in 1500 AD, 5 in 1700, to below two per 100,000 in 1900.
[Spierenburg, Pieter, ''A History of Murder: Personal Violence in Europe from the Middle Ages to the Present'', Polity, 2008. Referred to i]
"Rap Sheet Why is American history so murderous?"
by Jill Lepore New Yorker, November 9, 2009
In the United States, murder rates have been higher and have fluctuated. They fell below 2 per 100,000 by 1900, rose during the first half of the century, dropped in the years following World War II, and bottomed out at 4.0 in 1957 before rising again. The rate stayed in 9 to 10 range most of the period from 1972 to 1994, before falling to 5 in present times.
The increase since 1957 would have been even greater if not for the significant improvements in medical techniques and emergency response times, which mean that more and more attempted homicide victims survive. According to one estimate, if the lethality levels of criminal assaults of 1964 still applied in 1993, the country would have seen the murder rate of around 26 per 100,000, almost triple the actually observed rate of 9.5 per 100,000.
![Historical homicide rate in Stockholm](https://upload.wikimedia.org/wikipedia/commons/7/70/Historical_homicide_rate_in_Stockholm.svg)
A similar, but less pronounced pattern has been seen in major European countries as well. The murder rate in the United Kingdom fell to 1 per 100,000 by the beginning of the 20th century and as low as 0.62 per 100,000 in 1960, and was at 1.28 per 100,000 . The murder rate in France (excluding Corsica) bottomed out after World War II at less than 0.4 per 100,000, quadrupling to 1.6 per 100,000 since then.
The specific factors driving this dynamics in murder rates are complex and not universally agreed upon. Much of the raise in the U.S. murder rate during the first half of the 20th century is generally thought to be attributed to gang violence associated with Prohibition in the United States, Prohibition. Since most murders are committed by young males, the near simultaneous low in the murder rates of major developed countries circa 1960 can be attributed to low birth rates during the Great Depression and World War II. Causes of further moves are more controversial. Some of the more exotic factors claimed to affect murder rates include the availability of abortion and the likelihood of chronic exposure to lead poisoning#Nervous system, lead during childhood (due to the use of leaded paint in houses and tetraethyllead as a gasoline additive in internal combustion engines).
Investigation
The success rate of criminal investigations into murders (the clearance rate) tends to be relatively high for murder compared to other crimes, due to its seriousness. In the United States, the clearance rate was 62.6% in 2004.
See also
Lists related to murder
* Lists of murders
* List of types of killing
** Axe murder
* List of unsolved deaths
Related topics
* Child murder
* Culpable homicide
* Depraved-heart murder
* Double murder
* Execution-style murder
* Letting die
* Mass murder
* Misdemeanor murder
* Murder conviction without a body
* Seven laws of Noah
* Stigmatized property
* Thrill killing
* Capital murder
* Assassination, the murder of a prominent person, such as a head of state or head of government.
Murder laws by country
* Murder (Australian law), Australia
* Murder (Brazilian law), Brazil
* Homicide (Canadian law)#Murder, Canada
* Murder (Chinese law), China
* Murder (Cuban Law), Cuba
* Murder (Danish law), Denmark
* Murder (England and Wales law), England and Wales
* Murder (Finnish law), Finland
* Murder (French law), France
* Murder (German law), Germany
* Murder (Hong Kong), Hong Kong
* Murder (law of India), India
* Murder (Israeli law), Israel
* Murder (Italian law), Italy
* Murder (Dutch law), Netherlands
* Murder (offence under the common law of Northern Ireland), Northern Ireland
* Murder (Norway), Norway
* Murder (Peruvian Law), Peru
* Murder (Portuguese law), Portugal
* Murder (Romanian law), Romania
* Murder (Russian law), Russia
* Murder (Swedish law), Sweden
* Murder (Swiss law), Switzerland
* Murder (United States law), United States
Notes
References
Bibliography
Lord Mustill on the Common Law concerning murder* Sir Edward Coke Co. Inst., Pt. III, ch.7, p. 50
External links
Introduction and Updated Information on the Seville Statement on ViolenceThe Seville Statement– U.S. Centers for Disease Control
Cezanne's depiction of "The Murder"– National Museums Liverpool
{{Authority control
Murder,
Crimes
Crimes against humanity
Violent crime
Violence