Murder is the unlawful killing of another

human Humans (''Homo sapiens'') or modern humans are the most common and widespread species of primate, and the last surviving species of the genus ''Homo''. They are Hominidae, great apes characterized by their Prehistory of nakedness and clothing ...

without justification or valid

excuse In American jurisprudence, an excuse is a defense to criminal charges that is a distinct from an exculpation. Justification and excuse are different defenses in a criminal case (See Justification and excuse).Criminal Law Cases and Materials, ...

committed with the necessary

intention An intention is a mental state in which a person commits themselves to a course of action. Having the plan to visit the zoo tomorrow is an example of an intention. The action plan is the ''content'' of the intention while the commitment is the ...

as defined by the law in a specific

jurisdiction Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple level ...

. ("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, distinguish murder from other forms of unlawful

homicide Homicide is an act in which a person causes the death of another person. A homicide requires only a Volition (psychology), volitional act, or an omission, that causes the death of another, and thus a homicide may result from Accident, accidenta ...

, 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 law, legal term which refers to a party's Intention (criminal law), intention to do legal injury, injury to another party. Malice is either ''expressed'' or ''implied''. For example, malice is expressed when there is manifested a del ...

. such as in the case of

voluntary manslaughter Voluntary manslaughter is the killing of a human in which the offender acted in the heat of passion, a state that would cause a reasonable person to become emotionally or mentally disturbed to the point that they cannot reasonably control thei ...

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 An is a person who actively entices another person to commi ...

, or

diminished capacity In criminal law, diminished responsibility (or diminished capacity) is a potential defense by excuse by which defendants argue that although they broke the law, they should not be held fully criminally liable for doing so, as their mental fun ...

. ''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 believe that a person convicted of murder should receive harsh punishments for the purposes of retribution, deterrence, rehabilitation, or incapacitation. In most countries, a person convicted of murder generally receives a long-term prison sentence, a

life sentence Life imprisonment is any sentence of imprisonment under which the convicted individual is to remain incarcerated for the rest of their natural life (or until pardoned or commuted to a fixed term). Crimes that result in life imprisonment are c ...

, or

capital punishment Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. The sentence (law), sentence ordering that an offender b ...

. Some countries, states, and territories, including the

United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotlan ...

and other countries with English-derived

common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...

, mandate life imprisonment for murder, whether it is subdivided into first-degree murder or otherwise.

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. No direct record of Proto-Indo-European exists; its proposed features have been derived by linguistic reconstruction from documented Indo-Euro ...

''*mŕ̥-trom'' which meant "killing", a noun derived from ''*mer-'' "to die".

Proto-Germanic Proto-Germanic (abbreviated PGmc; also called Common Germanic) is the linguistic reconstruction, reconstructed proto-language of the Germanic languages, Germanic branch of the Indo-European languages. Proto-Germanic eventually developed from ...

, 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 , or ), 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 developed from the languages brought to Great Britain by Anglo-S ...

''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 spoken by the Latins (Italic tribe), Latins in Latium (now known as Lazio), the lower Tiber area aroun ...

''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 English pe ...

''mordre, mourdre, murder, murdre'' could have been influenced by

Old French Old French (, , ; ) was the language spoken in most of the northern half of France approximately between the late 8th

Frankish Frankish may refer to: * Franks, a Germanic tribe and their culture ** Frankish language or its modern descendants, Franconian languages, a group of Low Germanic languages also commonly referred to as "Frankish" varieties * Francia, a post-Roman ...

''*murþra'' (compare Old High German ''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 principal historical dictionary of the English language, published by Oxford University Press (OUP), a University of Oxford publishing house. The dictionary, which published its first editio ...

'', from the noun.

Definition

The eighteenth-century English jurist

William Blackstone Sir William Blackstone (10 July 1723 – 14 February 1780) was an English jurist, Justice (title), justice, and Tory (British political party), Tory politician most noted for his ''Commentaries on the Laws of England'', which became the best-k ...

(citing

Edward Coke Sir Edward Coke ( , formerly ; 1 February 1552 – 3 September 1634) was an English barrister, judge, and politician. He is often considered the greatest jurist of the Elizabethan era, Elizabethan and Jacobean era, Jacobean eras. Born into a ...

), in his ''

Commentaries on the Laws of England The ''Commentaries on the Laws of England'' (commonly, but informally known as ''Blackstone's Commentaries'') are an influential 18th-century treatise on the common law of England by Sir William Blackstone, originally published by the Clarend ...

'' set out the

definition of murder, which by this definition occurs At common law, murder was normally punishable by death. The elements of common law murder are: * 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 (law), ...

, or the killing of enemy

combatant Combatant is the legal status of a person entitled to directly participate in hostilities during an armed conflict, and may be intentionally targeted by an adverse party for their participation in the armed conflict. Combatants are not afforded i ...

s by lawful combatants as well as causing

collateral damage "Collateral damage" is a term for any incidental and undesired death, injury or other damage inflicted, especially on civilians, as the result of an activity. Originally coined to describe military operations, it is now also used in non-milit ...

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. People such as combat medics and military chaplains, who are members of the belligerent arm ...

s during a war. * killing : At common law life ended with

cardiopulmonary arrest Cardiac arrest (also known as sudden cardiac arrest ''SCA is when the heart suddenly and unexpectedly stops beating. When the heart stops beating, blood cannot properly circulate around the body and the blood flow to the brain and other org ...

– 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. * through 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. Risk factors for suicide include mental disorders, physical disorders, and substance abuse. Some suicides are impulsive acts driven by stress (such as from financial or ac ...

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 (law), malice) required as an element of some crimes in some jurisdictions and a unique element for first-degree or aggravation (law), aggravated murder in a few. Insof ...

'' 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". In contrast with

, murder requires the mental element known as malice aforethought. Mitigating factors that weigh against a finding of intent to kill, such as "loss of control" or "diminished responsibility", may result in the reduction of a murder charge to voluntary manslaughter. 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 d ...

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 tra ...

such as assault, otherwise all criminal homicides would be murder as all are felonies. In Spanish criminal law, ''asesinato'' (literally 'assassination'): 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, in force since July 1, 2015, another circumstance that turns homicide (''homicidio'') into assassination 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 (), 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 or jealousy rather than as a premeditated crime. A ...

, 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

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. Some US states maintain the offense of

capital murder Capital murder refers to a category of murder in some parts of the US for which the perpetrator is eligible for the death penalty. In its original sense, capital murder was a statutory offence of aggravated murder in Great Britain, Northern Irela ...

. 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 or strangulation is compression of the neck that may lead to unconsciousness or death by causing an increasingly hypoxic state in the brain by restricting the flow of oxygen through the trachea. Fatal strangulation typically occurs ...

poisoning Poisoning is the harmful effect which occurs when Toxicity, toxic substances are introduced into the body. The term "poisoning" is a derivative of poison, a term describing any chemical substance that may harm or kill a living organism upon ...

, or

lying in wait A lie is an assertion that is believed to be false, typically used with the purpose of deceiving or misleading someone. The practice of communicating lies is called lying. A person who communicates a lie may be termed a liar. Lies can be int ...

are also treated as first-degree murder. A few states in the U.S. further distinguish third-degree murder, 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 acts result in a death, despite that individual not ...

, 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 in so ...

(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 (polity), state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definiti ...

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

without the possibility of

parole Parole, also known as provisional release, supervised release, or being on paper, is a form of early release of a prisoner, prison inmate where the prisoner agrees to abide by behavioral conditions, including checking-in with their designated ...

, or in some countries, the

death penalty Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. The sentence ordering that an offender be punished in s ...

. 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 country has a central government as well as regional governments, such as subnational states or provinces, each with constituti ...

() 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. In the

Netherlands , Terminology of the Low Countries, informally Holland, is a country in Northwestern Europe, with Caribbean Netherlands, overseas territories in the Caribbean. It is the largest of the four constituent countries of the Kingdom of the Nether ...

, the traditional strict distinction between premeditated intentional killing (classed as murder, ''moord'') and non-premeditated intentional killing (manslaughter, ''doodslag'') is maintained; when differentiating between murder and manslaughter, the only relevant factor is the existence or not of premeditation (rather than the existence or not of mitigating or aggravated factors). Manslaughter (non-premeditated intentional killing) with aggravating factors is punished more severely, but it is not classified as murder, because murder is an offense which always requires premeditation.

Common law

According to Blackstone, English

identified murder as a ''public wrong''. According to common law, murder is considered to be ''

malum in se (plural ) is a Latin phrase meaning or . The phrase is used to refer to conduct assessed as sinful, contradictory to natural law or inherently wrong by nature, independent of regulations governing the conduct. It is distinguished from , which ...

'', 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 Precedent is a judicial decision that serves as an authority for courts when deciding subsequent identical or similar cases. Fundamental to common law legal systems, precedent operates under the principle of ''stare decisis'' ("to stand by thin ...

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 crime A war crime is a violation of the laws of war that gives rise to individual criminal responsibility for actions by combatants in action, such as intentionally killing civilians or intentionally killing prisoners of war, torture, taking hostage ...

s; see

Laws of war The law of war is a component of international law that regulates the conditions for initiating war (''jus ad bellum'') and the conduct of hostilities (''jus in bello''). Laws of war define sovereignty and nationhood, states and territories, ...

. *

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 (law), ...

: 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, such as imperfect self-defense. 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,

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 and formerly called judicial homicide, is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. The sentence (law), sentence ordering that an offender b ...

: 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 or ...

with

due process Due process of law is application by the state of all legal rules and principles pertaining to a case so all legal rights that are owed to a person are respected. Due process balances the power of law of the land and protects the individual p ...

for a serious crime. All member states of the

Council of Europe The Council of Europe (CoE; , CdE) is an international organisation with the goal of upholding human rights, democracy and the Law in Europe, rule of law in Europe. Founded in 1949, it is Europe's oldest intergovernmental organisation, represe ...

are prohibited from using the death penalty. *

Euthanasia Euthanasia (from : + ) is the practice of intentionally ending life to eliminate pain and suffering. Different countries have different Legality of euthanasia, euthanasia laws. The British House of Lords Select committee (United Kingdom), se ...

, doctor-assisted suicide: the administration of lethal drugs by a doctor to a terminally ill 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 The principle of double effect – also known as the rule of double effect, the doctrine of double effect, often abbreviated as DDE or PDE, double-effect reasoning, or simply double effect – is a set of ethical criteria which Christian philoso ...

and the case of Dr John Bodkin Adams). * Killing to prevent the theft of one's property may be legal under certain circumstances, 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 is ...

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, an automobile or a home) as a place in which that person has protection ...

). * Killing to prevent specific forms of aggravated rape or

sexual assault Sexual assault is an act of sexual abuse in which one intentionally Physical intimacy, sexually touches another person without that person's consent, or Coercion, coerces or physically forces a person to engage in a sexual act against their w ...

– 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 for what are considered reasons connected to

family honor Family honor (or honour) is an abstract concept involving the perceived quality of worthiness and respectability that affects the social standing and the self-evaluation of a group of related people, both corporately and individually. The family ...

, usually involving killing due to sexual, religious or

caste A caste is a Essentialism, fixed social group into which an individual is born within a particular system of social stratification: a caste system. Within such a system, individuals are expected to marry exclusively within the same caste (en ...

reasons (known as

honor killing An honor killing (American English), ''honour killing'' (Commonwealth English), or ''shame killing'' is a type of murder in which a person, usually a woman or girl, is killed by or at the behest of male members of their family or their male ...

), committed frequently by a husband, father or male relative of the victim, is not considered murder; it may not be considered a criminal act or it may be considered a criminal offense other than murder. International law, including the

Istanbul Convention The Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence, better known as the Istanbul Convention, is a International human rights instruments, human rights treaty of the Council of Europe oppos ...

(the first legally binding convention against

domestic violence Domestic violence is violence that occurs in a domestic setting, such as in a marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognised union between people called spouses. It establishes r ...

and

violence against women Violence against women (VAW), also known as gender-based violence (GBV) or sexual and gender-based violence (SGBV), violent, violence primarily committed by Man, men or boys against woman, women or girls. Such violence is often considered hat ...

) prohibits these types of killings (see Article 42 – Unacceptable justifications for crimes, including crimes committed in the name of so-called honor). * In the United States, in most states and in federal jurisdiction, a killing by a police officer is excluded from prosecution if the officer reasonably 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 reasonably believes 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, often known as a corpse, is a dead human body. Cadavers are 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 li ...

, a corporation, a non-human animal, or any other non-human organism such as a plant or bacterium.

California California () is a U.S. state, state in the Western United States that lies on the West Coast of the United States, Pacific Coast. It borders Oregon to the north, Nevada and Arizona to the east, and shares Mexico–United States border, an ...

'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 Crime, offences that are recognised in the jurisdiction, penalties that ...

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 ...

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 Morey Stanley Mosk (September 4, 1912 – June 19, 2001) was an American jurist, politician, and attorney. He served as Associate Justice of the California Supreme Court for 37 years (1964–2001), the longest tenure in that court's history. ...

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 disorder that develops from experiencing a Psychological trauma, traumatic event, such as sexual assault, domestic violence, child abuse, warfare and its associated traumas, natural disaster ...

and medication

side-effects In medicine, a side effect is an effect of the use of a medicinal drug or other treatment, usually adverse but sometimes beneficial, that is unintended. Herbal and traditional medicines also have side effects. A drug or procedure usually used ...

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, a mental health condition, or a psychiatric disability, is a behavioral or mental pattern that causes significant distress or impairment of personal functioning. A mental disorder is ...

may apply to a wide range of disorders including

psychosis In psychopathology, psychosis is a condition in which a person is unable to distinguish, in their experience of life, between what is and is not real. Examples of psychotic symptoms are delusions, hallucinations, and disorganized or inco ...

caused by

schizophrenia Schizophrenia () is a mental disorder characterized variously by hallucinations (typically, Auditory hallucination#Schizophrenia, hearing voices), delusions, thought disorder, disorganized thinking and behavior, and Reduced affect display, f ...

and

dementia Dementia is a syndrome associated with many neurodegenerative diseases, characterized by a general decline in cognitive abilities that affects a person's ability to perform activities of daily living, everyday activities. This typically invo ...

, 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 health conditions characterized by enduring maladaptive patterns of behavior, cognition, and inner experience, exhibited across many contexts and deviating from those accepted by the culture. T ...

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 juris ...

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

Under

New York New York most commonly refers to: * New York (state), a state in the northeastern United States * New York City, the most populous city in the United States, located in the state of New York New York may also refer to: Places United Kingdom * ...

law, for example: Under the

French Penal Code The French criminal code () is the Codification (law), codification of French criminal law (). It took effect March 1, 1994 and replaced the French Penal Code of 1810, which had until then been in effect. This in turn has become known as the "old ...

: 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, or informally in Britain sectioning, being sectioned, commitment, or being committed, is a legal process through which an individual who is deemed by a qual ...

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 perinatal depression, is a mood disorder which may be experienced by pregnant or postpartum women. Symptoms include extreme sadness, low energy, anxiety, crying episodes, irritability, and extreme 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 being the prevention of re ...

. 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, statutory, 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 co ...

, 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 Black Cap may refer to: *Black cap, a cap formerly worn by English judges when passing the death sentence *The Black Cap, a London gay pub *Black Cap (Antarctica), a peak on Teall Island *Black Cap Mountain (Alaska), a mountain in Glacier Bay Natio ...

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,

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,

may be a defense. For example,

Dan White Daniel James White (September 2, 1946 – October 21, 1985) was an American politician who assassinated George Moscone, the 37th mayor of San Francisco, and Harvey Milk, a fellow member of the San Francisco Board of Supervisors, inside San ...

used this defense to obtain a manslaughter conviction, instead of murder, in the

assassination Assassination is the willful killing, by a sudden, secret, or planned attack, of a personespecially if prominent or important. It may be prompted by political, ideological, religious, financial, or military motives. Assassinations are orde ...

of Mayor

George Moscone George Richard Moscone ( ; November 24, 1929 – November 27, 1978) was an American attorney and politician who served as the 37th mayor of San Francisco from January 1976 until his assassination in November 1978. He was known as "The People's ...

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 i ...

. 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 is often punished more harshly. Depending on the jurisdiction, such circumstances may include: * Premeditation * Poisoning *

Lying in wait A lie is an assertion that is believed to be false, typically used with the purpose of deceiving or misleading someone. The practice of communicating lies is called lying. A person who communicates a lie may be termed a liar. Lies can be int ...

* Murder of a child * Murder committed during

* Murder committed during

kidnapping Kidnapping or abduction is the unlawful abduction and confinement of a person against their will, and is a crime in many jurisdictions. Kidnapping may be accomplished by use of force or fear, or a victim may be enticed into confinement by frau ...

* Multiple murders committed within one criminal transaction or in different transactions as part of one broader 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 (also known as murder-for-hire) is a form of murder or assassination in which one party hires another party to kill a targeted person or people. It involves an illegal agreement which includes some form of compensation, moneta ...

* Exceptional brutality or cruelty, such as that employed in torture murder * The use of excessive or gratuitous violence beyond that which is necessary to kill; overkill * Murder committed by an offender previously convicted of murder * 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. * Murder committed in order to obtain material gain, for example to obtain an inheritance *

Hate crimes Hate crime (also known as bias crime) in criminal law involves a standard offence (such as an assault, murder) with an added element of bias against a victim (individual or group of individuals) because of their Physical appearance#Physiological ...

, 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 (), that being the modern German legal system (), is a system of civil law which is founded on the principles laid out by the Basic Law for the Federal Republic of Germany, though many of the most important laws, for example ...

) In the United States and Canada, these murders are referred to as first-degree or

aggravated 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" ...

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 (jurisprudence), justification or valid excuse (legal), excuse committed with the necessary Intention (criminal law), intention as defined by the law in a specific jurisd ...

always carries a mandatory

, 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 , meaning 'teaching, instruction') is a codification (law), codification of beliefs or a body of teacher, teachings or instructions, taught principles or positions, as the essence of teachings in a given branch of knowledge or in a ...

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 shows it can be used very widely. The felony-murder reflects the versari in re illicita: the offender is objectively responsible for the event of the unintentional crime; in fact the figure of the civil law systems corresponding to felony murder is the preterintentional homicide (art. 222-7 French penal code, art. 584 Italian penal code, art. 227 German penal code etc.). Felony murder contrasts with the principle of guilt, for which in England it was, at least formally, abolished in 1957, in Canada it was quashed by the Supreme Court, while in the USA it continues to survive.

Year-and-a-day rule

In some common law jurisdictions, a

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 The Law Reform (Year and a Day Rule) Act 1996 (c. 19) is a short act of Parliament which abolished the year and a day rule in English law and Northern Irish law. The year and a day rule was an ancient rule of the common law which created a c ...

. 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 (: attorneys general) or attorney-general (AG or Atty.-Gen) is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enf ...

'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 Federal tribunals in the United States, U.S. 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. 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 19 August 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 Morrall, the motivations for murder fit into the following four categories: * ''

Lust Lust is an intense desire for something. Lust can take any form such as the lust for sexuality (see libido), money, or power. It can take such mundane forms as the lust for food (see gluttony) as distinct from the need for food or lust for red ...

:'' The murderer seeks to kill rivals to obtain objects of their sexual desire * ''

Love Love is a feeling of strong attraction and emotional attachment (psychology), attachment to a person, animal, or thing. It is expressed in many forms, encompassing a range of strong and positive emotional and mental states, from the most su ...

:'' The murderer seeks to "

mercy kill Euthanasia (from : + ) is the practice of intentionally ending life to eliminate pain and suffering. Different countries have different euthanasia laws. The British House of Lords select committee on medical ethics defines euthanasia as "a ...

" a loved one with a major deformity or an incurable illness. * '' Loathing:'' The murderer seeks to kill a loathed person (such as an abusive parent) or members of a loathed group or culture. * '' Loot:'' The murderer seeks some form of financial gain. Morall takes a biological view of offending when he insists the risk factors that may increase the chance that somebody will commit a murder include: *

Testosterone Testosterone is the primary male sex hormone and androgen in Male, males. In humans, testosterone plays a key role in the development of Male reproductive system, male reproductive tissues such as testicles and prostate, as well as promoting se ...

, the primary male sex hormone, is correlated with competitive and assertive behaviour. * Reduction in

serotonin Serotonin (), also known as 5-hydroxytryptamine (5-HT), is a monoamine neurotransmitter with a wide range of functions in both the central nervous system (CNS) and also peripheral tissues. It is involved in mood, cognition, reward, learning, ...

increases likelihood of impulsive hostile behaviour. * Alteration in the breakdown of glucose appears to affect mood and behaviour. *

Hyperglycemia Hyperglycemia is a condition where unusually high amount of glucose is present in blood. It is defined as blood glucose level exceeding 6.9 mmol/L (125 mg/dL) after fasting for 8 hours or 10 mmol/L (180 mg/dL) 2 hours after eating. Blood gluc ...

and

hypoglycemia Hypoglycemia (American English), also spelled hypoglycaemia or hypoglycæmia (British English), sometimes 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 tria ...

can both lead to aggression. * Consumption of alcohol can lead to reduced self control. *

Environmental pollutants Pollution is the introduction of contaminants into the natural environment that cause harm. Pollution can take the form of any substance (solid, liquid, or gas) or energy (such as radioactivity, heat, sound, or light). Pollutants, the component ...

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 a ...

from eating too much

junk food "Junk food" is a term used to describe food that is high in calorie#Nutrition, calories from macronutrients such as sugar and fat, and often also high in sodium, making it hyperpalatable, and low in dietary fiber, Protein (nutrient), protein, or m ...

can provoke aggressive behaviour and even murder. Certain

personality disorder Personality disorders (PD) are a class of mental health conditions characterized by enduring maladaptive patterns of behavior, cognition, and inner experience, exhibited across many contexts and deviating from those accepted by the culture. ...

s are associated with an increased homicide rate, most notably narcissistic, anti-social, and histrionic personality disorders and those associated with psychopathology. Several studies have shown that there is a correlation between murder rates and

poverty Poverty is a state or condition in which an individual lacks the financial resources and essentials for a basic standard of living. Poverty can have diverse Biophysical environmen ...

. A 2000 study showed that regions of the state of

São Paulo São Paulo (; ; Portuguese for 'Paul the Apostle, Saint Paul') is the capital of the São Paulo (state), state of São Paulo, as well as the List of cities in Brazil by population, most populous city in Brazil, the List of largest cities in the ...

in Brazil with lower income also had higher rates of murder.

Religious attitudes

Abrahamic context

In the

Abrahamic religion The term Abrahamic religions is used to group together monotheistic religions revering the Biblical figure Abraham, namely Judaism, Christianity, and Islam. The religions share doctrinal, historical, and geographic overlap that contrasts them wit ...

s, the first ever murder was committed by

Cain Cain 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 was a farmer who gave an offering of his crops to God. How ...

against his brother Abel out of

jealousy Jealousy generally refers to the thoughts or feelings of Emotional insecurity, 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, he ...

. 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 historical legal codes whereby a monetary value was established for a person's life, ...

which in early

Germanic society The Germanic peoples were tribal groups who lived in Northern Europe in Classical antiquity and the Early Middle Ages. In modern scholarship, they typically include not only the Roman-era ''Germani'' who lived in both ''Germania'' and parts of ...

could be paid to the victim's family

in lieu Many words in the English vocabulary are of French language, French origin, most coming from the Anglo-Norman language, Anglo-Norman spoken by the upper classes in England for several hundred years after the Norman conquest of England, Norman ...

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 surviving law code. It is from Mesopotamia and is written on tablets, in the Sumerian language . It contains strong statements of royal power like "I eliminated enmity, violence, and cries for justice."Cos ...

written sometime between 2100 and 2050 BC. The code states, "If a man commits a murder, that man must be killed."

Judaism and Christianity

The prohibition against murder is one of the

Ten Commandments The Ten Commandments (), or the Decalogue (from Latin , from Ancient Greek , ), are religious and ethical directives, structured as a covenant document, that, according to the Hebrew Bible, were given by YHWH to Moses. The text of the Ten ...

given by God to Moses in Exodus and

Deuteronomy Deuteronomy (; ) is the fifth book of the Torah (in Judaism), where it is called () which makes it the fifth book of the Hebrew Bible and Christian Old Testament. Chapters 1–30 of the book consist of three sermons or speeches delivered to ...

, which are part of the scripture for both Jews and Christians.

In Islam

Islam Islam is an Abrahamic religions, Abrahamic monotheistic religion based on the Quran, and the teachings of Muhammad. Adherents of Islam are called Muslims, who are estimated to number Islam by country, 2 billion worldwide and are the world ...

according to the

Qur'an The Quran, also romanized Qur'an or Koran, is the central religious text of Islam, believed by Muslims to be a revelation directly from God ('' Allāh''). It is organized in 114 chapters (, ) which consist of individual verses ('). Besides ...

, 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 (; ) were a Nizari Isma'ili order that existed between 1090 and 1275 AD, founded by Hasan al-Sabbah. During that time, they lived in the mountains of Persia and the Levant, and held a strict subterfuge policy througho ...

, a militant

Ismaili Ismailism () is a branch 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-Sadiq, wherein they differ from the Twelver Shia, who accept ...

Shi'ite sect, active from the 8th to 14th centuries. This mystic

secret society A secret society is an organization about which the 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 ag ...

killed members of the

Abbasid The Abbasid Caliphate or Abbasid Empire (; ) was the third caliphate to succeed the prophets and messengers in Islam, Islamic prophet Muhammad. It was founded by a dynasty descended from Muhammad's uncle, Abbas ibn Abd al-Muttalib (566–653 C ...

Fatimid The Fatimid Caliphate (; ), also known as the Fatimid Empire, was a caliphate extant from the tenth to the twelfth centuries CE under the rule of the Fatimid dynasty, Fatimids, an Isma'ili Shi'a dynasty. Spanning a large area of North Africa ...

Seljuq Seljuk (, ''Selcuk'') or Saljuq (, ''Saljūq'') 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 * S ...

and

Crusade The Crusades were a series of religious wars initiated, supported, and at times directed by the Papacy during the Middle Ages. The most prominent of these were the campaigns to the Holy Land aimed at reclaiming Jerusalem and its surrounding t ...

r elite for political and religious reasons. The Thuggee cult that plagued India was devoted to

Kali Kali (; , ), also called Kalika, is a major goddess in Hinduism, primarily associated with time, death and destruction. Kali is also connected with transcendental knowledge and is the first of the ten Mahavidyas, a group of goddesses who p ...

, the goddess of death and destruction. According to some estimates the Thuggees murdered one million people between 1740 and 1840. The

Aztec The Aztecs ( ) were a Mesoamerican civilization that flourished in central Mexico in the Post-Classic stage, post-classic period from 1300 to 1521. The Aztec people included different Indigenous peoples of Mexico, ethnic groups of central ...

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, 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 The samurai () were members of the warrior class in Japan. They were originally provincial warriors who came from wealthy landowning families who could afford to train their men to be mounted archers. In the 8th century AD, the imperial court d ...

had the

right to strike Strike action, also called labor strike, labour strike in British English, 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 c ...

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 is the ownership of a person as property, especially in regards to their labour. Slavery typically involves compulsory work, with the slave's location of work and residence dictated by the party that holds them in bondage. Enslavemen ...

illegal in most cases. For example, the 1860

Mississippi Mississippi ( ) is a U.S. state, state in the Southeastern United States, Southeastern and Deep South regions of the United States. It borders Tennessee to the north, Alabama to the east, the Gulf of Mexico to the south, Louisiana to the s ...

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 () are an archipelago between the Atlantic Ocean, North Atlantic Ocean and northeastern Caribbean Sea, geographically forming part of the Leeward Islands of the Lesser Antilles in the Caribbean, Caribbean islands or West Indie ...

Honor killings in Corsica

Corsica Corsica ( , , ; ; ) is an island in the Mediterranean Sea and one of the Regions of France, 18 regions of France. It is the List of islands in the Mediterranean#By area, fourth-largest island in the Mediterranean and lies southeast of the Metro ...

, vendetta 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.

Abortion

Opponents of

abortion Abortion is the early termination of a pregnancy by removal or expulsion of an embryo or fetus. Abortions that occur without intervention are known as miscarriages or "spontaneous abortions", and occur in roughly 30–40% of all pregnan ...

consider abortion a form of murder, treating the

foetus A fetus or foetus (; : fetuses, foetuses, rarely feti or foeti) is the unborn offspring of a viviparous animal that develops from an embryo. Following the embryonic stage, the fetal stage of development takes place. Prenatal development is a ...

as a person. In some countries, a foetus is a

legal person In law, a legal person is any person or legal entity that can do the things a human person is usually able to do in law – such as enter into contracts, lawsuit, sue and be sued, ownership, own property, and so on. The reason for the term "''le ...

who can be murdered, and killing someone who is

pregnant Pregnancy is the time during which one or more offspring gestation, gestates inside a woman's uterus. A multiple birth, multiple pregnancy involves more than one offspring, such as with twins. Conception (biology), Conception usually occurs ...

is considered a double homicide.

Incidence

Map of world by intentional homicide rate

The

World Health Organization The World Health Organization (WHO) is a list of specialized agencies of the United Nations, specialized agency of the United Nations which coordinates responses to international public health issues and emergencies. It is headquartered in Gen ...

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''. Re ...

of overall crime rates.

Historical variation

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, five 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 Jill Lepore is an American historian and journalist. She is the David Woods Kemper '41 Professor of American History at Harvard University and a staff writer at ''The New Yorker'', where she has contributed since 2005. She writes about American h ...

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

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 these 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 Prohibition is the act or practice of forbidding something by law; more particularly the term refers to the banning of the manufacture, storage (whether in barrels or in bottles), transportation, sale, possession, and consumption of alcoholic b ...

. 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 Lead () is a chemical element; it has Chemical symbol, symbol Pb (from Latin ) and atomic number 82. It is a Heavy metal (elements), heavy metal that is density, denser than most common materials. Lead is Mohs scale, soft and Ductility, malleabl ...

during childhood (due to the use of leaded paint in houses and

tetraethyllead Tetraethyllead (commonly styled tetraethyl lead), abbreviated TEL, is an organolead compound with the formula lead, Pb(ethyl group, C2H5)4. It was widely used as a fuel additive for much of the 20th century, first being mixed with gasoline begi ...

as a gasoline additive in internal combustion engines).

Rates by country

Murder rates Murder is the unlawful killing of another human without justification or valid excuse committed with the necessary intention as defined by the law in a specific jurisdiction. ("The killing of another person without justification or excuse ...

vary greatly among countries and societies around the world. In the

Western world The Western world, also known as the West, primarily refers to various nations and state (polity), states in Western Europe, Northern America, and Australasia; with some debate as to whether those in Eastern Europe and Latin America also const ...

, 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, 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 ...

, the region with the highest murder rate in the world, experienced more than 2.5 million murders between 2000 and 2017. Homicide Rate

Murder rates in jurisdictions such as Japan, Singapore,

Hong Kong Hong Kong)., Legally Hong Kong, China in international treaties and organizations. is a special administrative region of China. With 7.5 million residents in a territory, Hong Kong is the fourth most densely populated region in the wor ...

, 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 advanced country, is a sovereign state that has a high quality of life, developed economy, and advanced technological infrastructure relative to other less industrialized nations. Most commonly, the criteria for eval ...

, 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 The United States Virgin Islands, officially the Virgin Islands of the United States, are a group of Caribbean islands and a territory of the United States. The islands are geographically part of the Virgin Islands archipelago and are located ...

, 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.

United States

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 known as Black Americans and formerly also called Afro-Americans, are an Race and ethnicity in the United States, American racial and ethnic group that consists of Americans who have total or partial ancestry from an ...

males aged 15 to 34. Between 1976 and 2008, African Americans were victims of 329,825 homicides. In 2006, the

Federal Bureau of Investigation The Federal Bureau of Investigation (FBI) is the domestic Intelligence agency, intelligence and Security agency, security service of the United States and Federal law enforcement in the United States, its principal federal law enforcement ag ...

'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 () are people, cultures, or countries related to Spain, the Spanish language, or broadly. In some contexts, especially within the United States, "Hispanic" is used as an ethnic or meta-ethnic term. The term commonly appli ...

. Murder demographics are affected by the improvement of

trauma care This is a list of academic journals published by MDPI. As of September 2022, MDPI publishes 399 Peer-reviewed journal, peer-reviewed academic journals and nine Academic conference, conference journals. {, class="wikitable sortable" , +List ...

, 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 and ammunition by civilians. Most countries allow civilians to own firearms, bu ...

. 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 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 The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are Geography of the European Union, located primarily in Europe. The u ...

countries, although all those countries have abolished the death penalty. Overall, the global pattern is 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 Forensic science combines principles of law and science to investigate criminal activity. Through crime scene investigations and laboratory analysis, forensic scientists are able to link suspects to evidence. An example is determining the time and ...

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 Boston is the capital and most populous city in the Commonwealth (U.S. state), Commonwealth of Massachusetts in the United States. The city serves as the cultural and Financial centre, financial center of New England, a region of the Northeas ...

Massachusetts Massachusetts ( ; ), officially the Commonwealth of Massachusetts, is a U.S. state, state in the New England region of the Northeastern United States. It borders the Atlantic Ocean and the Gulf of Maine to its east, Connecticut and Rhode ...

to 76% in San Jose,

. Major factors affecting the arrest rate include witness cooperation and the number of people assigned to investigate the case.

Investigation

The success rate of

criminal investigation Criminal investigation is an applied science that involves the study of facts that are then used to inform criminal trials. A complete criminal investigation can include Search and seizure, searching, interviews, interrogations, Evidence (law), ...

s into murders (the

clearance rate In criminal justice, clearance rate is calculated by dividing the number of crimes that are "cleared", a criminal charge being laid, or convicted by the total number of crimes recorded. Various groups use clearance rates as a measure of crimes s ...

) 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.

Notes

References

Bibliography

Lord Mustill on the Common Law concerning murder
*

Sir Edward Coke Sir Edward Coke ( , formerly ; 1 February 1552 – 3 September 1634) was an English barrister, judge, and politician. He is often considered the greatest jurist of the Elizabethan and Jacobean eras. Born into an upper-class family, Coke was ...

Co. Inst., Pt. III, ch.7, p. 50

External links

Introduction and Updated Information on the Seville Statement on Violence

The Seville Statement

– U.S. Centers for Disease Control
Cezanne's depiction of "The Murder"
– National Museums Liverpool {{Authority control Common law offences in Ireland Crimes Killings by type Violence Violent crime

Etymology

Definition

Degrees

Common law

Exclusions

General

Specific to certain countries

Victim

Mitigating circumstances

Insanity

Postpartum depression

Unintentional

Diminished capacity

Aggravating circumstances

Felony murder rule

Year-and-a-day rule

Contributing factors

Religious attitudes

Abrahamic context

Judaism and Christianity

In Islam

Historical attitudes

Slavery

Honor killings in Corsica

Abortion

Incidence

Historical variation

Rates by country

United States

Investigation

See also

Related lists

Related topics

Laws by country

Notes

References

Bibliography

External links