Mayhem is a

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 ...

criminal offense 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 Can ...

consisting of the intentional maiming of another person. Under the law of

England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...

and other common law jurisdictions, it originally consisted of the intentional and wanton removal of a body part that would handicap a person's ability to defend themselves in

combat Combat ( French for ''fight'') is a purposeful violent conflict meant to physically harm or kill the opposition. Combat may be armed (using weapons) or unarmed ( not using weapons). Combat is sometimes resorted to as a method of self-defense, or ...

. Under the strict common law definition, initially this required damage to an eye or a limb, while cutting off an ear or a nose was not deemed to be sufficiently disabling. In the many years since, the meaning of the crime expanded to encompass any type of mutilation, disfigurement, or crippling act done using any instrument.

England

History of definitions

In England and Wales, it has fallen into disuse. In 1992 the Law Commission recommended that it be abolished, and in 1998 the Home Office proposed to abolish it, in the course of codifying the law relating to offences against the person.

''Fetter v. Beale''

The most significant change in common-law mayhem doctrine came in 1697, when the King's Bench decided ''Fetter v. Beale'', 91 Eng. Rep. 1122. There, the plaintiff recovered in a battery action against a defendant. Shortly thereafter, "part of his skull by reason of the said battery came out of his head", and the plaintiff brought a subsequent action under mayhem. Though ''Fetter'' is also known as an early example of

res judicata ''Res judicata'' (RJ) or ''res iudicata'', also known as claim preclusion, is the Latin term for "a matter decided" and refers to either of two concepts in both civil law and common law legal systems: a case in which there has been a final judgm ...

, it is most significant for expanding the ambit of mayhem to include "loss of the skull".

Modern doctrine

In modern times, the offense of mayhem has been superseded in many

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. Ju ...

s by statutory offenses such as: * aggravated battery *

grievous bodily harm Grievous bodily harm (often abbreviated to GBH) is a term used in English criminal law to describe the severest forms of battery. It refers to two offences that are created by sections 18 and 20 of the Offences against the Person Act 1861. The ...

United States

Modern statutes in the U.S. define mayhem as disabling or disfiguring, such as rendering useless a member of another person's arms or legs. The injury must be permanent, not just a temporary loss. Some courts will hold even a minor battery as mayhem if the injury is not minor. Mayhem in the U.S. is a

felony A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resul ...

in all states and jurisdictions, including federal. In the states of

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 mo ...

Vermont Vermont () is a U.S. state, state in the northeast New England region of the United States. Vermont is bordered by the states of Massachusetts to the south, New Hampshire to the east, and New York (state), New York to the west, and the Provin ...

and

Oklahoma Oklahoma (; Choctaw: ; chr, ᎣᎧᎳᎰᎹ, ''Okalahoma'' ) is a state in the South Central region of the United States, bordered by Texas on the south and west, Kansas on the north, Missouri on the northeast, Arkansas on the east, New ...

, mayhem is punishable by up to

life imprisonment 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 for ...

. In other states where laws defining mayhem (or maiming) are in place, the maximum punishment for mayhem is generally 10 to 20 years, and mandatory minimum terms of imprisonment may also apply, depending on the laws of the state. If mayhem was committed in an aggravated fashion, such as in the case of where it resulted in permanent disability or disfigurement, the punishment is generally much more severe, and may even include life imprisonment. For example, simple mayhem in California is punishable by two to eight years in prison, whereas aggravated mayhem is punishable by up to life imprisonment.

Etymology

Both the noun ''mayhem'' and the verb ''

maim Mutilation or maiming (from the Latin: ''mutilus'') refers to severe damage to the body that has a ruinous effect on an individual's quality of life. It can also refer to alterations that render something inferior, ugly, dysfunctional, or imper ...

'' come from Old French via Anglo-Norman. The word is first attested in various

Romance languages The Romance languages, sometimes referred to as Latin languages or Neo-Latin languages, are the various modern languages that evolved from Vulgar Latin. They are the only extant subgroup of the Italic languages in the Indo-European language ...

in the 13th century, but its ultimate origin is unclear. Oxford English Dictionary, Third edition, June 2000; online version June 2011

Etymology of other meaning

The term "wreaker of mayhem" was, accurately, originally used for a person going on a rampage (onslaught) in the glorified setting of a

just war The just war theory ( la, bellum iustum) is a doctrine, also referred to as a tradition, of military ethics which is studied by military leaders, theologians, ethicists and policy makers. The purpose of the doctrine is to ensure that a war is ...

. After such uses, the term abounded for centuries in journalese, such as reporting " rioting and mayhem", which readers misunderstood as meaning "havoc, chaos or pandemonium", and started the usual modern use of the word "mayhem".