Paul Cézanne's The Murder

Crimes
Classes of crime
Infraction  · Misdemeanor  · Felony
Summary  · Indictable  · Hybrid
Against the person
Assault  · Battery
Extortion  · Harassment
Kidnapping  · Identity theft
(Corporate) Manslaughter
Murder  · Rape
Robbery
Against property
Arson  · Blackmail
Burglary  · Deception
Embezzlement  · False pretenses
Fraud  · Handling
Larceny  · Theft
Vandalism
Against the public order
Drug possession
Against the state
Tax evasion
Espionage  · Treason
Against justice
Bribery  · Misprision of felony
Obstruction  · Perjury
Malfeasance in office
Inchoate offenses
Accessory  · Attempt
Conspiracy  · Incitement
Solicitation  · Common purpose
Note: Crimes vary by jurisdiction. In the sociological field, crime is the breach of a rule or Law for which some governing authority or force may ultimately prescribe a Punishment Infraction as a general term means a violation of a rule or Local ordinance or regulation promise or obligation A misdemeanor, or misdemeanour, in many common law legal systems is a "lesser" criminal act In Common law legal systems a felony is a serious Crime, often contrasted with a Misdemeanor. A summary offense, also known as a petty crime, is a criminal act in some Common law jurisdictions that can be proceeded with summarily without the right In many Common law Jurisdictions (eg the United Kingdom, Republic of Ireland, Canada, United States, India, A hybrid offence, dual offence, Crown option offence, dual procedure offence, or wobbler are the special class offences in the Common law Assault is a Crime of Violence against another person. In some Jurisdictions including Australia and New Zealand, Battery is a term used by the Common law jurisdictions which involves an Injury or other Contact upon the Person of another in a manner likely Extortion, outwresting, or exaction is a criminal offense, which occurs when a person Unlawfully obtains either money property or services Harassment refers to a wide spectrum of offensive behaviour The term commonly refers to behaviour intended to disturb or upset and when the term is used in a legal sense it refers In Criminal law, kidnapping is the taking away or Asportation of a person against the person's will usually to hold the person in False imprisonment Identity theft is a term used to refer to Fraud that involves stealing money or getting other benefits by pretending to be someone else Corporate manslaughter is a Crime in several Jurisdictions It enables a Corporation to be punished and censured for culpable conduct that leads to a person's Manslaughter is a legal term for the killing of a human being in a manner considered by law as less culpable than Murder. Rape, also referred to as Sexual assault, is an Assault by a person involving Sexual intercourse with or Sexual penetration of another person Robbery is the Crime of seizing Property through Violence or Intimidation. Property is any physical or virtual entity that is owned by an individual Blackmail is the crime of threatening to reveal substantially true information about a person to the public a family member or associates unless a demand made upon the Embezzlement is the act of dishonestly appropriating or secreting assets usually financial in nature by one or more individuals to whom such assets have been entrusted False pretenses or obtaining property by false pretenses is a Common law Crime in the United States, where its statutory forms handle situations not covered In the broadest sense a fraud is a Deception made for personal gain or to damage another individual In English Criminal law, handling takes place after the Theft is completed and is committed by a fence or other person who helps the thief to realise In the United States, larceny is a Common law Crime involving Theft. In Criminal law, theft (also known as stealing or filching) is the illegal taking of another person's Property without that person's freely-given Vandalism is the behaviour attributed to the Vandals in respect of Culture: ruthless Destruction or spoiling of anything beautiful or Venerable For relevant case law see Public order crime case law in the United States In Criminology public order crime is defined by Siegel (2004 Drug possession is the Crime of having one or more Illegal drugs in one's possession either for personal use distribution sale or otherwise A state is a political association with effective Sovereignty over a geographic Area and representing a Population. Tax avoidance is the legal utilization of the Tax regime to one's own advantage in order to reduce the amount of tax that is payable by means that are within the law In Law, treason is the Crime that covers some of the more serious acts of disloyalty to one's sovereign or Nation. JUSTICE is a Human rights and law reform organisation based in the United Kingdom. Bribery, a form of pecuniary corruption is an act usually implying money or gift given that alters the behaviour of the recipient in ways not consistent with the duties of that person Misprision of felony was an offence under the Common law of England and was classified as a Misdemeanour. The crime of obstruction of justice includes crimes committed by Judges Prosecutors attorneys general, and elected officials in general Perjury, also known as forswearing, is the act of lying or making verifiably false statements on a material matter under Oath or Affirmation in a Malfeasance in office, or official misconduct, is the commission of an Unlawful act done in an official capacity which affects the performance of official duties An accessory is a person who assists in the commission of a Crime, but who does not actually participate in the commission of the crime as a joint principal Attempt crimes are crimes where the defendant's actions have the form of the actual enaction of the crime itself the actions must go beyond mere preparation In the Criminal law, a conspiracy is an agreement between Natural persons to break the law at some time in the future and in some cases with at least one overt act In English Criminal law, incitement is an anticipatory Common law offence and is the act of persuading encouraging instigating pressuring or threatening In the United States, solicitation is a Crime; it is an Inchoate offense that consists of a person offering money or something else of value in order to In Criminal law, the doctrine of common purpose, common design or joint enterprise refers to the situation where two or more people embark on a project In Law, jurisdiction (from the Latin ius iuris meaning "law" and dicere meaning "to speak" is the practical Authority Not all are listed here.

Murder is the unlawful killing of a human person with malice aforethought, as defined in Common Law countries. List of countries by homicide rate Homicide ( Latin homicidium, homo human being + caedere to cut kill refers to the act of killing another AssassiNation is the sixth album by Krisiun, released in 2006 on Century Media. Note for practices of systematically killing very young children see Infanticide. Consensual homicide, also called assisted suicide, refers to a killing in which the victim wants to die Contract killing occurs when a private contractor or a government hires someone to kill a specific person or people for a sum of money An honor killing or honour killing is generally the Murder of a family or clan member most often females when they (and maybe the wider community believe A lust murder is a Homicide in which the offender searches for erotic satisfaction by killing someone Lynching is an Extrajudicial punishment meted out by a mob Lynching an enumerated Felony in some states in the United States, is defined by some This article deals with mass killings that are not considered Genocide. A murder-suicide is an act in which an individual kills one or more other persons immediately before or at the same time as killing him or herself A proxy murder is a Murder in which the murderer does so at the behest of another acting as his or her proxy Human sacrifice is the act of Homicide (the Killing of one or several Human beings in the context of a Religious ritual ( ritual killing A serial killer is a person who Murders usually three or more people with a "cooling off" period between each murder and whose motivation for killing is largely based A spree killer, also known as a rampage killer, is someone who embarks on a Murderous assault on his victims in a short time in multiple locations Torture murder is a loosely defined term to describe the process used by Murderers who kill their victims by slowly torturing them Manslaughter is a legal term for the killing of a human being in a manner considered by law as less culpable than Murder. For a discussion of the law in other countries see Manslaughter In the English law of Homicide, manslaughter is a less serious Negligent homicide is a charge brought against people who by inaction allow others under their care or presence intentionally to die Vehicular Homicide ( or sometimes known as Vehicular Manslaughter) in most states in the United States is a crime The United States' concept of justifiable homicide in Criminal law stands on the dividing line between an Excuse, justification and an Exculpation Capital punishment, the death penalty or execution, is the Killing of a person by judicial process as Punishment. Avunculicide is the act of killing an Uncle. The term is derived from the Latin words avunculus meaning "maternal uncle" and caedere Definition According to Rummel Genocide has three different meanings A familicide is a type of Murder or Murder-suicide in which at least one spouse and one or more children are killed Gendercide is a Neologism that refers to the systematic killing of members of a specific Sex, either Males or Females The term is intended to Filicide is the deliberate act of a parent killing his or her own son or daughter Fratricide (from the Latin word frater, meaning "brother" and cide meaning to kill is the act of a person Killing his or her Gendercide is a Neologism that refers to the systematic killing of members of a specific Sex, either Males or Females The term is intended to Genocide is the deliberate and systematic destruction in whole or in part of an ethnic racial religious or national group Infanticide is the practice of someone intentionally causing the death of an Infant. Mariticide (from Latin maritus "married" + -cide, from caedere "to cut to kill" literally means the murder of one's married Matricide is the act of Killing one's Mother. As for any type of killing motives can vary a great deal Neonaticide is the killing of a newborn within the first 24 hours of life Parricide ( Latin "parricida" killer of a close relative stemming from ( Latin "parri" alike or equal and "-cida" -cide or killer Patricide is (i the act of killing one's father or (ii a person who kills his or her father The broad definition of regicide is the deliberate killing of a Monarch, or the person responsible for it Sororicide (from Latin soror "sister" + -cide, from caedere "to cut to kill" is the act of killing one's own sister Tyrannicide literally means the killing of a Tyrant. Typically the term is taken to mean the killing or Assassination of tyrants for the common good Uxoricide (from Latin uxor meaning "wife" is murder of one's wife An For the American death metal band see Deicide (band Deicide is the killing of a god either the God of a monotheistic religion Feticide or foeticide is an act that causes the death of a fetus Specifically in the Criminal law, malice aforethought (or malice prepense) is the element of Mens rea ( Latin for "guilty Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive Murder is generally distinguished from other forms of homicide by the elements of malice aforethought and the lack of lawful justification. List of countries by homicide rate Homicide ( Latin homicidium, homo human being + caedere to cut kill refers to the act of killing another All jurisdictions, ancient and modern, consider it a most serious crime and most impose severe penalty on its commission.

Legal analysis of murder

To repeat, a common law murder is defined as the unlawful killing of a human person with malice aforethought if the defendant acts with any of the following states of mind:

(i) Intent to kill; (ii) Intent to inflict serious bodily harm; (iii) Reckless indifference to an unjustifiably high risk to human life (abandoned and malignant heart); or (iv) Intent to commit a felony (felony-murder doctrine).

Under element (i) intent to kill, the deadly weapon rule applies. Thus, if the defendant intentionally uses a deadly weapon or instrument against the victim, such use authorizes a permissive inference of intent to kill. An example of a deadly weapon or instrument is a gun, a knife, or even a car when intentionally used to strike the victim.

Under element (iii) abandoned and malignant heart, the killing must result from defendant's conduct involving a reckless indifference to human life and a conscious disregard of an unreasonable risk of death or serious bodily injury. An example of this is a 2007 law in California where an individual could be convicted of second-degree murder if he or she kills another person while operating a motor vehicle while being under the influence of alcohol, drugs, or controlled substances. California ( is a US state on the West Coast of the United States, along the Pacific Ocean. Driving under the influence of alcohol ( driving while intoxicated, drunk driving, drinking and driving, drink-driving) or other drugs A drug, broadly speaking is any chemical substance that when absorbed into the body A controlled substance is generally a drug or chemical whose manufacture possession and use are regulated by a government

Under element (iv) 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 such as assault, otherwise all criminal homicides would be murder as all criminal homicides are felonies.

Origins

Murder in religion

One of the oldest known prohibitions against murder appears in the Sumerian Code of Ur-Nammu written sometime between 2100 and 2050 BC. The Code of Ur-Nammu is the oldest known tablet containing a Law code surviving today The code states, "If a man commits a murder, that man must be killed. "

In Abrahamic religions, the prohibition against murder is one of the Ten Commandments given by God to Moses in (Exodus: 20v13) and (Deuteronomy 5v17) (See Murder in the Bible). The Ten Commandments, or Decalogue, are a list of religious and moral imperatives that according to Judeo-Christian tradition were authored by God and given Murder is an act that occurs on various occasions in the Bible. The Vulgate and subsequent early English translations of the Bible used the term secretly killeth his neighbor or smiteth his neighbour secretly rather than murder for the Latin clam percusserit proximum. The Vulgate is an early Fifth Century version of the Bible in Latin, and largely the result of the labours of Jerome, who was commissioned by ^[1][2]

Later editions such as Young's Literal Translation and the World English Bible have translated the Latin occides simply as murder rather than the alternatives of kill, assassinate, fall upon or slay. Young's Literal Translation is a translation of the Bible into English, published in 1862 The World English Bible (also known as WEB is a Public domain translation of the Bible that is currently in draft form ^[3]

Christian churches have some doctrinal differences about what forms of homicide are prohibited biblically, though all agree murder is.

Common law

According to Blackstone, English common law identified murder as a Public Wrong. Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive ^[4]

Codification

The crime of murder was often formally codified after democratic reform in various jurisdictions, legislatures began passing statutes. A legislature is a type of representative Deliberative assembly with the power to create amend and change Laws The law created by a legislature is called Legislation Legislation (or " Statutory law " is law which has been promulgated (or " Enacted quot by a Legislature or other Governing

Legal definition

As with most legal terms, the precise definition of murder varies between jurisdictions and is usually codified in some form of legislation.

In some jurisdictions, murder is a common law crime, considered so wrong that there is no need for any legislation to define it. Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive In such jurisdictions, precedent Case law or previous decisions of the Courts of Law defines what is considered murder. In Common law legal systems, a precedent or authority is a Legal case establishing a principle or rule that a Court or other judicial

Basic elements

In common law jurisdictions, murder has two elements or parts:

1. the act (actus reus) of killing a person
2. the state of mind (mens rea) of intentional, purposeful, malicious, premeditated, and/or wanton. Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive Actus reus, sometimes called the external element or the objective element of a crime is the Latin term for the "guilty act" which when proved In Criminal law, mens rea the Latin term for "guilty mind" is usually one of the necessary elements of a Crime.

While murder is often expressed as the unlawful killing of another human being with "malice aforethought", this element of malice may not be required in every jurisdiction (for example, see the French definition of murder below). Specifically in the Criminal law, malice aforethought (or malice prepense) is the element of Mens rea ( Latin for "guilty

• The element of malice aforethought can be satisfied by an intentional killing, which is considered express malice.
• Malice can also be implied: deaths that occur by any recklessness or during certain serious crimes are considered to be implied malice murders.

Exclusions

• Unlawful killings without malice or intent are considered manslaughter. Manslaughter is a legal term for the killing of a human being in a manner considered by law as less culpable than Murder.
• Justified or accidental killings are considered homicides. List of countries by homicide rate Homicide ( Latin homicidium, homo human being + caedere to cut kill refers to the act of killing another Depending on the circumstances, these may or may not be considered criminal offenses.
• Suicide is not considered murder in most societies. Assisting a suicide, however, may be considered murder in some circumstances.
• Capital punishment ordered by a legitimate court of law as the result of a conviction in a criminal trial with due process for a serious crime. Capital punishment, the death penalty or execution, is the Killing of a person by judicial process as Punishment. Due process (more fully due process of law) is the principle that a person has a right to receive notice and be heard in an orderly proceeding in order to protect his or her
• Killing of enemy combatants by lawful combatants in accordance with lawful orders in war, although illicit killings within a war may constitute murder or homicidal war crimes. A privileged combatant is a person who takes a direct part in the hostilities of an armed conflict within the Law of war and is someone who upon capture qualifies as a Prisoner War is an international relations Dispute, characterized by organized Violence between National Military units War crimes are "violations of the laws or customs of war" including but not limited to "murder the ill-treatment or deportation of civilian residents of an occupied (see the Laws of war article)

Victim

All jurisdictions require that the victim be a natural person; that is a human being who was still alive at the time of being murdered. The law of war (also law of armed conflict, LOAC) is Law concerning acceptable practices relating to war Human beings, humans or man (Origin 1590–1600 L homō man OL hemō the earthly one (see Humus Most jurisdictions legally distinguish killing a fetus or unborn child as a different crime, such as illegal abortion of a fetus or the unlawful killing of an unborn child. A fetus (or foetus or fœtus) is a developing Mammal or other Viviparous Vertebrate, after the Embryonic stage and An The distinction between a fetus and an unborn child in these jurisdictions is that a child could survive if it had been born, while a fetus could not.

Mitigating circumstances

Some countries allow conditions that "affect the balance of the mind" to be regarded as mitigating circumstances. A mitigating factor, in Law, is any information or evidence presented to the court regarding the defendant or the circumstances of the crime that might result in reduced This means that a person may be found guilty of "manslaughter" on the basis of "diminished responsibility" rather than murder, if it can be proved that the killer was suffering from a condition that affected their judgment at the time. Depression, post-traumatic stress disorder and medication side-effects are examples of conditions that may be taken into account when assessing responsibility. Major depressive disorder, also known as major depression, unipolar depression, unipolar disorder, clinical depression, or simply depression Post traumatic stress disorder It is a severe and ongoing emotional reaction to In Medicine, an adverse effect is a harmful and undesired effect resulting from a medication or other intervention such as Chemotherapy or Surgery.

Insanity

Mental disorder may apply to a wide range of disorders including psychosis caused by schizophrenia and dementia, and excuse the person from the need to undergo the stress of a trial as to liability. In the Criminal laws of Australia and Canada, the defence of mental disorder (sometimes called the defence of mental illness) is a legal Psychosis (from the Greek ψυχή "psyche" for mind or soul and -οσις "-osis" for abnormal condition with adjective psychotic Schizophrenia ( from the Greek roots schizein (σχίζειν "to split" and phrēn Dementia (from Latin de- "apart away" + Mens ( genitive mentis) "mind" is the progressive decline 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. ^[5] This defense has two elements:

1. That the defendant had a serious mental illness, disease, or defect. A defendant or defender ( Δ in Legal shorthand) is any party who is required to answer the Complaint of a Plaintiff
2. That the defendant's mental condition, at the time of the killing, rendered the perpetrator unable to determine right from wrong, or that what he or she was doing was wrong. . .

Under New York law, for example:

§ 40. New York ( is a state in the Mid-Atlantic and Northeastern regions of the United States and is the nation's third most populous 15 Mental disease or defect. In any prosecution for an offense, it is an affirmative defense that when the defendant engaged in the proscribed conduct, he lacked criminal responsibility by reason of mental disease or defect. Such lack of criminal responsibility means that at the time of such conduct, as a result of mental disease or defect, he lacked substantial capacity to know or appreciate either: 1. The nature and consequences of such conduct; or 2. That such conduct was wrong.

Under the French Penal Code:

ARTICLE 122-1

• A person is not criminally liable who, when the act was committed, was suffering from a psychological or neuropsychological disorder which destroyed his discernment or his ability to control his actions.
• A person who, at the time he acted, was suffering from a psychological or neuropsychological disorder which reduced his discernment or impeded his ability to control his actions, remains punishable; however, the court shall take this into account when it decides the penalty and determines its regime.

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. ^[6]

Post-partum depression

Some countries, such as Canada, Italy, the United Kingdom, New Zealand and Australia, allow post-partum depression (also known as post-natal depression) as a defense against murder of a child by a mother, provided that a child is less than a year old (this may be the specific offense of infanticide rather than murder and include the effects of lactation and other aspects of post-natal care). Country to "Dominion of Canada" or "Canadian Federation" or anything else please read the Talk Page Italy (Italia officially the Italian Republic, (Repubblica Italiana is located on the Italian Peninsula in Southern Europe, and on the two largest The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located New Zealand is an Island country in the south-western Pacific Ocean comprising two main landmasses (the North Island and the South Island For a topic outline on this subject see List of basic Australia topics. Infanticide is the practice of someone intentionally causing the death of an Infant.

Self-defense

Acting in self-defense or in defense of another person is generally accepted as legal justifications for killing a person in situations that would otherwise have been murder. The right of self-defense (also called alter ego defense, defense of others, defense of a third person) is the right for civilians acting on their 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. ^[7]

Unintentional

For a killing to be considered murder, there normally needs to be an element of intent. For this argument to be successful the killer generally needs to demonstrate that they took precautions not to kill and that the death could not have been anticipated or was unavoidable, whatever action they took. As a general rule, manslaughter^[8] constitutes reckless killing, while criminally negligent homicide is a grossly negligent killing. Manslaughter is a legal term for the killing of a human being in a manner considered by law as less culpable than Murder. ^[9]

Diminished capacity

In those jurisdictions using the Uniform Penal Code, such as California, diminished capacity may be a defense. California ( is a US state on the West Coast of the United States, along the Pacific Ocean. In Criminal law, diminished responsibility (or diminished capacity) is a potential defense by Excuse by which Defendants argue that For example, Dan White used this defense ^[10] to obtain a manslaughter conviction, instead of murder, in the assassination of Mayor George Moscone and Supervisor Harvey Milk. Daniel James "Dan" White ( September 2, 1946 – October 21, 1985) was a former Democratic San Francisco supervisor AssassiNation is the sixth album by Krisiun, released in 2006 on Century Media. George Richard Moscone (November 24 1929&ndashNovember 27 1978 (mɒsˈkoʊni was an American attorney and Democratic politician 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

Year-and-a-day rule

Main article: Year and a day rule

In some common law jurisdictions, a defendant accused of murder is not guilty if the victim survives for longer than one year and one day after the attack. The year and a day rule was a principle of English law holding that a Death was conclusively presumed not to be Murder (or any other Homicide Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive A defendant or defender ( Δ in Legal shorthand) is any party who is required to answer the Complaint of a Plaintiff The year and a day rule was a principle of English law holding that a Death was conclusively presumed not to be Murder (or any other Homicide This reflects the likelihood that if the victim dies, other factors will have contributed to the cause of death, breaking the chain of causation. Causation is the "causal relationship between conduct and result Subject to any statute of limitations, the accused could still be charged with an offense representing the seriousness of the initial assault. A statute of limitations is a Statute in a Common law Legal system that sets forth the maximum period of time after certain events that legal proceedings Assault is a Crime of Violence against another person. In some Jurisdictions including Australia and New Zealand,

Abolition of the rule

With advances in modern medicine, most countries have abandoned a fixed time period and test causation on the facts of the case.

In the UK, due to medical advancements, the "year-and-a-day-rule" is no longer in use. However, if the death occurs three years after the original attack, then the Attorney-General's approval/permission will need to be granted before prosecutions can take place after a three year period has expired. In most Common law jurisdictions the Attorney General, or Attorney-General, is the main legal advisor to the government and in some jurisdictions may in addition

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 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 Supreme Court of the United States is the highest judicial body in the United States and leads the federal judiciary. Article One of the United States Constitution describes the powers of the legislative branch of the United States government, known as Congress ^[11]

Demographics

An estimated 520,000 people were murdered in 2000 around the globe. Two-fifths of them were young people between the ages of 10 and 29 who were killed by other young people. ^[12]

Murder rate per 100,000 inhabitants in 2004

Murder rates vary greatly among countries and societies around the world. In the Western world, murder rates in most countries have declined significantly during the 20th century and are now between 1-4 cases per 100,000 people per year. The term Western world, the West or the Occident ( Latin: occidens -sunset -west as distinct from the Orient) can have multiple meanings Murder rates in Japan, Ireland and Iceland are among the lowest in the world, around 0. For a topic outline on this subject see List of basic Japan topics. Ireland (pronounced /ˈaɾlənd/ Éire) is the third largest island in Europe, and the twentieth-largest island in the world Iceland, officially the Republic of Iceland ( ( Ísland or Lýðveldið Ísland ( 5; the rate of the United States is among the highest of developed countries, around 5. The United States of America —commonly referred to as the The term developed country, or advanced country, is used to categorize countries with developed Economies in which the tertiary and quaternary sectors 5 in 2004,^[13] with rates in larger cities sometimes over 40 per 100,000. ^[14]

Within the Western world, nearly 90% of all murders are committed by males, with males also being the victims of 74. 6% of murders (according the US Department of Justice). For animal rights group see Justice Department (JD The United States Department of Justice ( DOJ) is a Cabinet department There is a sharp peak in the age distribution of murderers between the ages of 17 and 30. People become decreasingly likely to commit a murder as they age. Incidents of children and adolescents committing murders are also extremely rare, notwithstanding the strong media coverage such cases receive.

There are an estimated 55,000 murders in Brazil every year^[15], about 30,000 murders committed annually in Russia, approximately 25,000 murders in Colombia (in 2005, murders went down to 15,000^[16]), approximately 20,000 murders each year in South Africa, approximately 17,000 murders in the United States (666,160 murders from 1960 to 1996)^[17], approximately 15,000 murders in Mexico, approximately 11,000 murders in Venezuela, approximately 6,000 murders in El Salvador, approximately 1,600 murders in Jamaica^[18], approximately 1000 murders in France, approximately 580 murders per year in Canada^[19], and approximately 200 murders in Chile. |utc_offset = -2 to -4 |time_zone_DST = BRST |utc_offset_DST = -2 to -5 |cctld Russia (Россия Rossiya) or the Russian Federation ( Rossiyskaya Federatsiya) is a transcontinental Country extending Colombia (kəˈlʌmbɪə officially the Republic of Colombia () is a country in northwestern South America. The Republic of South Africa (also known by other official names) is a country located at the southern tip of the continent of Africa The United States of America —commonly referred to as the The United Mexican States ( or commonly Mexico (ˈmɛksɪkoʊ () is a federal constitutional Republic in North America. Venezuela (ˌvɛnəˈzweɪlə) officially the Bolivarian Republic of Venezuela (Spanish República Bolivariana de Venezuela) is a country on the El Salvador ( República de El Salvador,) is a country in Central America. Jamaica (ˈdʒəˈmeɪkə} is an Island nation of the Greater Antilles, in length and as much as in width situated in the Caribbean Sea. This article is about the country For a topic outline on this subject see List of basic France topics. Country to "Dominion of Canada" or "Canadian Federation" or anything else please read the Talk Page Chile, officially the Republic of Chile ( Spanish:) is a country in South America occupying a long and narrow Coastal strip wedged between the ^[20] The murder rate in Port Moresby, Papua New Guinea is 23 times that of London. ||-||-||-||-||-||} Port Moresby (ˌpɔrt ˈmɔrzbi or Pot Mosbi in Tok Pisin, population 255000 (2000 is the Capital and largest city of Papua Papua New Guinea (or ˈpæpjuːə in Tok Pisin: Papua Niugini) officially the Independent State of Papua New Guinea, is a country in Oceania London ( ˈlʌndən is the capital and largest urban area in the United Kingdom. ^[21]

Murder demographics are affected by the improvement of trauma care, leading to reduced lethality of violent assaults - thus the murder rate may not necessarily indicate the overall level of social violence. ^[22]

Development of murder rates over time in different countries is often used by both supporters and opponents of capital punishment and gun control. Capital punishment, the death penalty or execution, is the Killing of a person by judicial process as Punishment. Gun politics is a set of legal issues surrounding the ownership use and regulation of firearms as well as safety issues related to firearms both through their direct use and through 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,^[23] and notice that those rates went up sharply shortly after a moratorium on death sentences was effectively imposed in the late 1960s. Capital punishment of a Felon in the United States, in modern times is employed and in practice only in cases involving murder 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. Country to "Dominion of Canada" or "Canadian Federation" or anything else please read the Talk Page The European Union ( EU) is a political and economic union of twenty-seven member states, located primarily in Gun control advocates further point out that, unlike the United States, many European countries disallow gun ownership by private citizens but Switzerland has the least restrictive firearm laws and corresponding higher gun murder deaths. Switzerland (English pronunciation; Schweiz Swiss German: Schwyz or Schwiiz Suisse Svizzera Svizra officially the Swiss Confederation Canada introduced a comprehensive Firearms Certificate program in 1977, which was followed by a sharp decline in its homicide rate (and its firearm homicide rate) however firearm homicide rates have crept back up to pre-1977 levels by 2005 even though the overall rate remains less. Country to "Dominion of Canada" or "Canadian Federation" or anything else please read the Talk Page 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.

Country-specific murder law

Australia

Murder is defined in the New South Wales (NSW) Crimes Act 1900 as follows:

SECTION 18 1) a) Murder shall be taken to have been committed where the act of the accused, or thing by him or her omitted to be done, causing the death charged, was done or omitted with reckless indifference to human life, or with intent to kill or inflict grievous bodily harm upon some person, or done in an attempt to commit, or during or immediately after the commission, by the accused, or some accomplice with him or her, of a crime. The Crimes Act 1900 is a New South Wales statute that codifies the common law crimes for the state of New South Wales in Australia. . . ^[24]

Under NSW law, the maximum penalty for murder is life imprisonment with a standard non-parole period of 20 years. Attempted murder (sections 27-30 of the Crimes Act) attracts a maximum penalty of 25 years imprisonment. Note that in order to be guilty of murder under the NSW Crimes Act, intent to cause grievous bodily harm is enough to secure a conviction for murder, as is 'felony murder' (constructive murder in Australia).

There is a statutory defence of provocation in NSW law - Section 23 of the Crimes Act, if provocation is proven and the person would have otherwise been convicted of murder, directs the jury to find the defendant not guilty of murder but guilty of manslaughter. However, this is not the case in Victoria - the Crimes Act 1958 (VIC), in Section 3B, states:

The rule of law that provocation reduces the crime of murder to manslaughter is abolished. ^[25]

Under Victorian law, it is illegal to kill, by unlawful means, an unborn child that is capable of being born alive. ^[26] This offence is termed child destruction in the Act. For example, if Person A assaulted Person B with intent to kill B's unborn child, Person A is guilty of child destruction and assault - and thus would be liable, under Victorian law to 15 years imprisonment for child destruction plus 5 years imprisonment for assault.

In any jurisdiction within Australia, the maximum penalty for murder is life imprisonment. NSW law follows the 'life means life' construction ^[27]; therefore the maximum sentence is life without possibility of parole.

Canada

As defined in the Criminal Code of Canada, murder is considered one type of culpable homicide, distinguished from the offences of manslaughter or infanticide. The Criminal Code of Canada (long title An Act respecting the criminal law, R Manslaughter is a legal term for the killing of a human being in a manner considered by law as less culpable than Murder. Infanticide is the practice of someone intentionally causing the death of an Infant. ^[28]

First and second degree

In Canada, murder is classified as either first or second degree. ^[29]

1. First degree murder is a murder which is (1) planned and deliberate, (2) contracted, (3) committed against an identified peace officer, (4) while committing or attempting to commit one of the following offences (hijacking an aircraft, sexual assault, sexual assault with a weapon, aggravated sexual assault, kidnapping and forcible confinement or hostage taking), (5) while committing criminal harassment, (6) committed during terrorist activity, (7) while using explosives in association with a criminal organization, or (8) while committing intimidation. A law enforcement officer (also called peace officer) in North America, is any public-sector person charged with upholding the peace, mainly ^[30]
2. Second degree murder is all murder which is not first degree murder.

Manslaughter and infanticide

1. Manslaughter is any culpable homicide which is not murder or infanticide. To kill someone with a deadly weapon, or may not be so. ^[31]

2. Infanticide is the killing of a newly-born child by its mother where the mother's mind was disturbed as a result of giving birth or of consequent lactation. It is a type of homicide but is excluded from murder. ^[32]

Penalties

The maximum penalties for murder are:

1. first degree murder - mandatory life imprisonment without the possibility of parole for 25 years (can be paroled under the Faint-Hope Clause after 15 years imprisonment, but such a reduction is rarely given and is not available for multiple murders)
2. second degree murder - mandatory life imprisonment without the possibility of parole for 10-25 years (parole eligibility determined by the judge at sentencing) (exception: if the person had committed another murder in their past, parole eligibility is 25 years)

There is a clause where persons convicted of any "personal injury offence" meeting the statutory criteria to be declared a "dangerous offender. The " Faint Hope Clause " the popular name for Section 745 " A dangerous offender is sentenced for an indeterminate period of imprisonment and is eligible for parole after serving at least 7 years. An offender convicted of 1st or 2nd degree murder is ineligible to be declared a dangerous offender. However, an offender convicted of manslaughter can be declared a dangerous offender.

Any sentence imposed in addition to a life sentence must be concurrent.

Statistics

In Canada there are about 2. 6 attempted murders per 100,000 population in 2006. ^[33] Attempted murder carries the same consequences as murder itself; it is the intent, not the result, that determines the sentence.

In 2006 the homicide rate in Canada was 1. Country to "Dominion of Canada" or "Canadian Federation" or anything else please read the Talk Page 85 per 100,000 people or approximately 604 homicides per year. Of these victims, 442 were male, 162 were female. ^[34] The rate has remained close to stable for the past 10 years. This is equivalent to numbers in most of the western world, except the U. S. which has almost triple the number per capita. The main methods of murder in Canada are shootings (30%), stabbings (30%), and beatings (22%).

About 170 Canadians homicides per year (excluding unsolved cases) are committed by a family member, of which 63 were by husbands, 16 by wives, 42 by parents, 19 by children and 9 by siblings. ^[35]

One in six homicides in 2006 was gang related according to police reports. ^[36]About 75% of 2006 homicides in Canada had been caught by 2007. ^[36]

England and Wales

Further information: murder in English law

Statistics show that there were 859 homicides in England and Wales in one year (April 2004- March 2005, [1]). In English law, murder is considered the most serious form of Homicide, in which one person kills another either intending to cause death or intending to History The Roman occupation of Britain was the first period in which the area of present-day England and Wales was administered as a single unit (with the exception This is low compared to the United States with 16,137 murders in 2004 [2], however these are numbers which do not take different population sizes into account: a better perspective can be gained by comparing murders per year to population (1. 6 murders for every hundred thousand people in England and Wales, 5. 5 in the USA, and 62 in Colombia - source). Because the newspaper coverage tends to focus on the more lurid or controversial cases (e. g. Tony Martin), there is considerable public misunderstanding as to the actual law. Anthony Edward Martin (born 1944 is a Farmer from Norfolk, England. The Law Commission Final Report on Partial Defences to Murder (2004) [3] commissioned research to determine the extent of this misunderstanding and reported at 2. 35:

The notion that all murders, as the law is presently framed, represent instances of a uniquely heinous offence for which a single uniquely severe penalty is justified does not reflect the views of a cross section of the public when asked to reflect on particular cases.

Although the sample was small, the research showed that the public accepts a range of culpability within the definition of murder and so rejects the idea of a single mandatory life sentence. The Report also lists all the main European and common law definitions for homicide at 2. 53/2. 54.

In English law, the definition of murder is:

The unlawful killing of a human being, under the Queen's Peace, with "malice aforethought"). English law is the legal system of England and Wales, and is the basis of Common law legal systems used in most Commonwealth countriesand the Specifically in the Criminal law, malice aforethought (or malice prepense) is the element of Mens rea ( Latin for "guilty

Contrast this with the original definition by Sir Edward Coke CJ in 1597 of:

Murder is when a man of sound memory, and of the age of discretion, unlawfully killeth within any country of the realm any reasonable creature in rerum natura under the King's peace, with malice aforethought, either expressed by the party or implied by law, so as the party wounded, or hurt, etc. Sir Edward Coke (pronounced "Cook" ( 1 February 1552 &ndash 3 September 1634) was an early English colonial Entrepreneur die of the wound or hurt, etc. within a year and a day after the same.

Note that it is no longer necessary for the victim to die within a year and a day of the offence,^[37] nor for the victim to be a reasonable creature.

Specific statutory instances of situations where death is caused are:

• Infanticide - Under s1 Infanticide Act 1938, the intentional killing of an infant under 1-year-old by a mother suffering from post-natal depression or other post-natal disturbance represents an early form of diminished responsibility defence and
• Causing death by dangerous driving (of a motor vehicle) was introduced because jurors, many of whom were drivers, thought the charge of manslaughter to carry too great a level of stigma for the degree of fault actually shown by some drivers and refused to convict when the charge was manslaughter. Infanticide is the practice of someone intentionally causing the death of an Infant. For the law in other Criminal jurisdictions see Diminished responsibility. A jury a sworn body of persons convened to render a rational, impartial Verdict (a finding of fact on a question officially submitted to them Now motor manslaughter is considered an acceptable charge for the more seriously dangerous examples of driving resulting in death, with aggravated TWOC for the least seriously dangerous driving resulting in death. Manslaughter is a legal term for the killing of a human being in a manner considered by law as less culpable than Murder. A TWOC can also be a medical procedure - a trial without Catheter TWOC is an Acronym standing for Taking Without Owner's Consent.

The aggravated form of criminal damage, including arson, under s1(2) Criminal Damage Act 1971 could be the anticipatory offence rather than a charge of attempted murder. In English law causing criminal damage was originally a Common law offence. Attempt crimes are crimes where the defendant's actions have the form of the actual enaction of the crime itself the actions must go beyond mere preparation

Any other killing would be considered either manslaughter in English law or an accident. For a discussion of the law in other countries see Manslaughter In the English law of Homicide, manslaughter is a less serious

• Voluntary manslaughter is murder mitigated to manslaughter by virtue of the statutory defences under the Homicide Act 1957, namely provocation, diminished responsibility or suicide pact. The Homicide Act 1957 is an Act of the Parliament of the United Kingdom (5 & 6 Eliz For a description of the general principles see Provocation (legal. For the law in other Criminal jurisdictions see Diminished responsibility. A suicide pact describes the Suicides of two or more individuals in an agreed-upon plan
• Involuntary manslaughter is the killing of another person whether by act or omission either while committing an unlawful act (known as constructive manslaughter) or by gross negligence.

English Law also allows for transferred malice. English law is the legal system of England and Wales, and is the basis of Common law legal systems used in most Commonwealth countriesand the Transferred intent (or transferred malice in English law) is a doctrine used in both Criminal law and Tort law when the intention For example, where a man fires a gun with the intent to kill person A but the shot misses and kills an otherwise unconnected person B, the intent to kill transfers from person A to person B and a charge of murder would stand. The accused could also be charged with the attempted murder of A. In English Criminal law, attempted murder is the crime of more than merely preparing to commit Unlawful homicide and at the same time having a specific intention

As to mens rea, the model direction to be given to juries for Intention in English law following R v. In Criminal law, mens rea the Latin term for "guilty mind" is usually one of the necessary elements of a Crime. In English Criminal law, intention is one of the types of Mens rea ( Latin for "guilty mind" that when accompanied by an Woollin [4], is a modified version of that proposed by Lord Lane, C. J. in R v Nedrick [1986] 1 WLR 1025, namely:

Where the charge is murder and in the rare cases where the simple direction is not enough, the jury should be directed that they are not entitled to infer the necessary intention, unless they feel sure that death or serious bodily harm was a virtual certainty (barring some unforeseen intervention) as a result of the defendant's actions and that the defendant appreciated that such was the case, the decision being for the jury to decide on a consideration of all the evidence. A defendant or defender ( Δ in Legal shorthand) is any party who is required to answer the Complaint of a Plaintiff

The defences of duress and necessity in English law are excluded from murder cases. For duress in US law see Duress Duress in English criminal law is a complete common law defence operating in favour of those who commit For the discussion on general principles and policy see Necessity In English law, the defence of necessity recognises that there may An exception is Re A [2000], a case involving a pair of conjoined twins. However, the judge noted the legal adage that 'hard cases make bad law' and recommended that the precedent should not be followed.

Comparatively recent adaptations to the English law of murder include the abolition of the "year and a day rule", and the proposed introduction of a less restrictive regime for corporate manslaughter. Corporate manslaughter is a Crime in several Jurisdictions It enables a Corporation to be punished and censured for culpable conduct that leads to a person's The Law Commission Consultation Paper No. 177 also advocates a redefinition of murder and a limitation of the scope of manslaughter [5]

See also: born alive rule

Finland

In Finland, murder is defined as homicide with at least one of four aggravating factors:

1. Deliberate intent
2. Exceptional brutality or cruelty
3. Significantly endangering public safety
4. Committed against a public official engaged in enforcing the law. The "born alive" rule is a legal principle that holds that various aspects of the criminal law such as the statutes relating to Homicide and to assault apply only

Further, the offense considered as a whole must be aggravated. A murder doesn't expire.

The only possible punishment for murder is life imprisonment. Typically, the prisoner will be pardoned by the Helsinki Court of Appeals after serving 12 to 14 years of his sentence, but this is not automatic. The President can also give pardon, and previously this used to be the only possibility. The President of Finland is the Head of State of Finland. Under the Constitution of Finland, executive power is vested in the President and the

In jurisprudence, the comparison of an actual crime against "especially brutal or cruel way"-standard has been understood to mean comparison to "usual" homicide cases. In recent cases, the Finnish Supreme Court has not considered a single axe stroke on the head, or strangulation to be "especially brutal or cruel". On the other hand, causing death by jumping on a person's chest and head and firing over 10 times upon a person's torso have been considered to fulfill the standard.

The only sentence for murder is life in prison. Until 2006, this meant an actual life sentence which could be pardoned only by the president. However, since the 1960s presidents have regularly given pardons to practically all offenders after a period of 12-15 years. In 2006, the legislation was changed so that all life sentences are reviewed by an appellate court after they have been executed for 12 years. If the convict is still deemed a danger to society, his case will be reviewed every two years after this. Involuntary confinement to a psychiatric institution may also result, sometimes after the sentence is served. The involuntary treatment ends when the psychiatrist decides so, or when a court decrees it no longer necessary in a periodical review.

If the pre-requisites are not fulfilled, but the homicide has been deliberate and pre-meditated, the convict is sentenced for second degree murder (tappo) to a minimum of eight years in prison. Murder is the unlawful killing of another human person with Malice aforethought, as defined in Common Law countries There is also the crime of voluntary manslaughter (surma), which is a homicide under mitigating/extenuating circumstances, with the punishment of four to ten years. Voluntary manslaughter is the killing of a human being in which the offender had no prior intent to kill and acted during "the heat of passion" under circumstances that Involuntary manslaughter (kuolemantuottamus) has a maximum punishment of two years of imprisonment or fine (see day fine). Manslaughter is a legal term for the killing of a human being in a manner considered by law as less culpable than Murder. The day-fine is a unit of fine payment that above a minimum fine is based on the daily Personal income. Infanticide carries a punishment of at least four months and at most four years in prison.

France

In the French Penal Code murder is defined by the intentional killing of another person. This article is about the country For a topic outline on this subject see List of basic France topics. A penal code is a portion of a State 's Laws defining Crimes and specifying the Punishment. There is no distinction between murder and manslaughter and both are punished by a minimum of 1 year (seen in case of euthanasia)^{[38] [39]} up to a maximum of 30 years of criminal imprisonment. ^[40] Assassination (murder with premeditation)^[41] and murder in some special case (if the victim is under 15, parents, child, people with disabilities, police officer etc. AssassiNation is the sixth album by Krisiun, released in 2006 on Century Media. )^[42] are punished by a jail time up to life imprisonment. In France except for recidivist^[43] the minimum sentence in criminal prosecution is one year of imprisonment, imprisonment which may be suspended if the term of the sentence is under 5 years. ^[44]

Germany

In Germany the term Mord (murder) is officially used for the intentional killing of another person, but only if the case is especially severe. Germany, officially the Federal Republic of Germany ( ˈbʊndəsʁepuˌbliːk ˈdɔʏtʃlant is a Country in Central Europe. The requirements can be read in § 211 of the German criminal law, Strafgesetzbuch (StGB). The Strafgesetzbuch is the name of the German, Swiss, Liechtenstein and Austrian Criminal law.

I. The murderer shall be punished with imprisonment for life. II. A murderer is, whoever kills a human being out of murderous lust, to satisfy his sexual desires, from greed or otherwise base motives,(1) treacherously or cruelly or with means dangerous to the public or in order to commit or to cover up another crime.

—German criminal law, Strafgesetzbuch (StGB), § 211. The Strafgesetzbuch is the name of the German, Swiss, Liechtenstein and Austrian Criminal law.

Those qualifying circumstances are categorized into three groups: 1. detestable motive 2. detestable way of committing the crime 3. detestable purpose/aim of the criminal.

Intentional killing that isn't murder usually fulfills § 212 (Totschlag = killing: similar to second-degree murder, however actually any case of killing that is not fulfilling the qualifications of murder as seen above - actually the same as Tötung (killing) in Swiss law).

The current form of § 211 StGB was created in the year 1941. Before that the differentiation between Mord (murder) and Totschlag (killing) was, that Mord was killing "with premeditation" ("mit Überlegung" - directly translated: with consideration, however that is just another legal word for the same concept) and Totschlag without (1871-1941). However this differentiation was considered too vague. The reform was orientated on discussions for the reform of the Swiss StGB, which also had the same differentiation. It took over the idea and mainly also the wording of the reform commission for the Swiss StGB headed by Stoss in 1896. With this version, the differentiation between Mord and Totschlag contains problems. This led to ongoing discussions in the legal community about the wording, the interpretation and also about a reform of the law.

If the victim of a killing earnestly wanted to be killed (for example, when suffering an incurable disease) the crime would be Tötung auf Verlangen (killing on demand, § 216 StGB) which would result in 6 months to 5 years in prison (usually suspended) – basically, mercy killing. In 2002, there was a cannibal case in which the offender, Armin Meiwes, claimed that the victim wanted to be killed. Armin Meiwes (born December 1 1961) is a German man who achieved international notoriety for killing and eating a voluntary Victim he had found The court convicted him of "Totschlag", since they didn't see the qualifications of a murder. Both prosecution and defense appealed, the prosecution in order to reach a guilty of murder verdict, the defense in order to reduce the charge to killing on demand. The German "Bundesgerichtshof", the highest German court of appeal, eventually convicted him of murder. ^[45]

If the killing was due to negligence it is punished according to § 222 StGB as fahrlässige Tötung (negligent homicide or manslaughter). Many cases in this field are car accidents due to negligence that result in the death of a person.

If the death is a negligent consequence of an intended act of violence, it is classified as Körperverletzung mit Todesfolge (injury resulting in death).

Penalties

The penalty for Mord is lifelong imprisonment, which is usually suspended after 17-18 years (15 years minimum) on a probation of 5 years or if the court decided on a special gravity (Feststellung der besonderen Schwere der Schuld), the sentence can only be suspended much later, earliest after 18 years but usually after 22-23 years (the law states that a suspension after 15 years is not possible for "special gravity" crimes, but provides no explicit minimum served time). In Law, a sentence forms the final act of a Judge -ruled process and also the symbolic principal act connected to his function The penalty for Totschlag is five to fifteen years in prison and in especially grave cases life time imprisonment (minimum sentence 15 years). Especially grave cases are very rare, because usually such case already fall under Mord (§ 211). In lesser cases ("minderschwerer Fall", § 213) the prison sentence is one to ten years. The law itself gives one example for a minor case: the killing due to the provocation of the killed person, e. g. if the killed person has beaten him or one of his relatives or has severely insulted them and the killer acted under the influence of great anger. The lesser case of Totschlag is similar.

Felony murder

German criminal law also knows the institute of the felony murder which also carries a life-long sentence, however only if a person is intentionally or negligently killed in the course of a robbery, a kidnapping or a sexual assault. Actually only if the killing was intended by the criminal it is called murder. Intention also includes cases very the criminal knows, that the victim could die, if he simply takes that into account for other purposes.

Robbery with deadly outcome

If the killing was due to gross negligence the criminal can be punished for robbery with deadly outcome (Raub mit Todesfolge) according to § 251. The punishent is a lifetime prison sentence or a prison sentence not below 10 years. The same applies for rape with deadly outcome (§ 178: Vergewaltigung mit Todesfolge) and other crimes.

Attempted suicide

Noteworthy is also that (attempted) suicide and therefore aiding and abetting a person intent on killing himself is not punishable by German criminal law.

Before 1949 the usual punishment for Mord (§ 211) in Germany was capital punishment, except in less severe cases. Capital punishment, the death penalty or execution, is the Killing of a person by judicial process as Punishment. But due to the Nazi mass murders and death sentences, it was abolished in West Germany in 1949 when Germany's constitution, the Grundgesetz, came into use. Nazism, which was a short name for National Socialism (Nationalsozialismus refers primarily to the Ideology and practices of the National Socialist German A constitution is a system for government often Codified as a written document that establishes the rules and principles of an autonomous political entity The Basic Law for the Federal Republic of Germany (Grundgesetz für die Bundesrepublik Deutschland is the Constitution of Germany. In East Germany the death penalty was abolished in 1987. The German Democratic Republic ( GDR; Deutsche Demokratische Republik DDR; commonly known in English as East Germany) was a Socialist state After the 1950s it was very rarely used.

Hong Kong

There's one ordinance that governs all the crimes against persons, termed as Offences Against the Person Ordinance (HK Laws. Chap 212)

Murder

• "Any person who is convicted of murder shall be imprisoned for life. " (Section 2 Murder)
• The judge have discretion power to determine to sentence when the defendant is under 18 during the commission of the crime.
• Those who conspired or solicit murder are also subject to life imprisonment under section 5
• No punishment shall be incurred by any person who kills another by misfortune, or in his own defence, or lawfully in any other manner. (Excusable homicide, section 8)

Attempted Murder

• Attempted murder using poison, wounding another (section 10), by destroying or damaging building (section 11), setting fire to or casting away ship (section 12) and attempting to shoot or drown (section 13), all have penalty of life imprisonment
• Attempted murder by other means not specified above (section 14) shall be liable to imprisonment for life

Manslaughter

"Any person who is convicted of manslaughter shall be liable to imprisonment for life and to pay such fine as the court may award. " (Section 7 Manslaughter)

Act against infant

• Anyone attempt to procure the miscarriage of any woman, whether she was or was not with child, has unlawfully administered or caused to be taken by her any poison or other noxious thing, or has unlawfully used any instrument or other means whatsoever with the like intent is liable for life imprisonment (section 46)

• Child is not born

(Section 47B Child destruction)

• Child is born

If a woman does or does not do something for her baby's death,

, then instead of being charged with murder, infanticide, with the penalty of manslaughter, would apply. (Section 47C Infanticide)

Suicide

• Suicide used to be a crime, as with the UK.
• "A person who aids, abets, counsels or procures the suicide of another, or an attempt by another to commit suicide, shall be guilty of an offence triable upon indictment and shall be liable on conviction to imprisonment for 14 years" (section 33b)

Israel

Israel had 173 murders in 2004, compared to 147 murders in 2000. For a topic outline on this subject see List of basic Israel topics. ^[46] Two particular characteristics of homicide in Israel are the terrorist attacks and (so called) honour killings. An honor killing or honour killing is generally the Murder of a family or clan member most often females when they (and maybe the wider community believe

There are five types of homicide in Israel:

1. Murder - The premeditated killing of a person, or the intentional killing of a person whilst committing, preparing for, or escaping from any crime, is murder. The mandatory punishment for this crime is life imprisonment. Life is usually commuted (clemency from the President) to 30 years from which a third can be deducted by the parole board for good behaviour. Arab terrorists are not usually granted pardons or parole other than as part of deals struck with Arab terrorist organisations or foreign governments and in exchange for captured Israelis or their corpses.
2. Reduced sentence murder - If the murderer did not fully understand his actions because of mental defect (but not legal insanity or imbecility), or in circumstances close to self-defence, necessity or duress or where the murderer suffered from serious mental distress because of long-term abuse, the court can give a sentence of less than life. This is a new addition to the Israeli penal code and has been rarely used.
3. Manslaughter - The deliberate killing of a person without premeditation (or the other circumstances of murder) is manslaughter for which the maximum sentence is 20 years. The sentence depends on the particular circumstances of the crime and its perpetrator.
4. Negligent killing or vehicular killing - Maximum sentence is 3 years (minimum of 11 months for the driver). The perpetrator in this situation can expect to receive some jail time of about 6 - 12 months.
5. Infanticide - The killing of a baby less than 12 months old by its mother where she can show that she was suffering from the effects of the birth or breast-feeding. Maximum sentence is 5 years.

Italy

By Italian law, murder (omicidio) is regulated by articles 575-582, 584-585, and 589 of the Penal Code (Codice Penale). Italy (Italia officially the Italian Republic, (Repubblica Italiana is located on the Italian Peninsula in Southern Europe, and on the two largest In general, according to Art. 575, "whoever causes the death of a human being is punishable by no less than 21 years in prison"; nevertheless, the law indicates a series of circumstances under which murder has to be punished with life in prison.

It must also be noted that, according to Italian law, any sentence of more than 5 years perpetually deprives (Interdizione perpetua dai Pubblici Uffici) the condemned person of: the voting rights; the ability to exercise any public office; the ability to be employed in any governmental or para-statal position (articles 19, 28, 29). The convict for life is also deprived of his/her quality of parent: the children are either given in custody to the other parent or hosted in a public structure (art. 32).

In detail, according to articles 576 and 577 is punishable with life imprisonment murder committed:

1. In order to commit another crime, or in order to escape, of favor, or take advantage from another crime (art. Life imprisonment or life incarceration is a sentence of imprisonment for a serious crime often for most 61, sect. 2);
2. Against a next of kin (parent or child) and either through insidious means, with premeditation, cruelly, of for futile motives;
3. By a fugitive in order to escape capture, or in order to acquire means of subsistence;
4. While raping or sexually assaulting a person (articles 519, 520, 521). Rape, also referred to as Sexual assault, is an Assault by a person involving Sexual intercourse with or Sexual penetration of another person
5. In a cruel way and/or through the use of torture (art. 61, sect. 1);
6. For abject and/or futile motives (art. 61, sect. 4);
7. Against a next of kin (parent or child);
8. Through insidious means;
9. With premeditation.

Cases 1 through 4 (art. 576) used to be considered capital murder, and therefore punishable by death by firing squad. Execution by firing squad is a method of Capital punishment, particularly common in times of war Since 1946, though, death penalty was discontinued in Italy, and death was substituted with life imprisonment . Sentences for murder under cases 5 through 9 (art. 577). instead, are subject to parole or probation. A person that is serving a life sentence can reach libertà condizionata

Besides the criminal murder detailed above, in Italian law the following cases also exist:

1. Infanticide - (Infanticidio in condizioni di abbandono materiale e morale), murder of the infant immediately following the birth committed by the mother who is in conditions of material or moral disorder, is punishable with a sentence between 4 and 12 years (art. Life imprisonment or life incarceration is a sentence of imprisonment for a serious crime often for most Article 176 of the Italian Penal Code concerns libertà condizionata (English Conditional release, or parole 578).
2. Killing on demand - (Omicidio del consenziente), the action to kill someone with his/her consent, is punishable with a sentence between 6 and 15 years. This, however, is considered murder if the victim, when giving his/her consent, was under the age of 18, intoxicated, mentally disable, or if the consent was obtained through violence, menace, or deception (art. 579).
3. Assistance or instigation of suicide - (Istigazione o aiuto al suicidio), the action to help someone to commit suicide, or to convince someone to commit suicide, is punishable with a sentence between 5 and 12 years if the suicide succeeds, or between 1 and 5 years if it does not succeed but a body injury has been made. This , however, is considered murder if the suicide is under the age of 14 (art. 580).
4. Injury resulting in death - (Omicidio preterintenzionale) occurs when, as a result of a deliberated act of violence not meant to kill (articles 581,582), the death of a person occurs. This crime is punishable with a sentence between 10 and 18 years (art. 584). This sentence can be increased from one third to one half (up to 27 years) if a circumstance stated by articles 576 and 577 occurs, or if a weapon is used (art. 585).
5. Manslaughter - (Omicidio colposo), the action of causing the death of a person without intention, is punished with a sentence between 6 months and 5 years. If the victims are more than one as a consequence of the same act, multiple counts can be added up to 12 years in prison (art. 589).

The Netherlands

By Dutch law, murder (moord) is punishable by a maximum sentence of life imprisonment, which is the longest prison sentence the law allows. The Netherlands ( Dutch:, ˈnedərlɑnt is the European part of the Kingdom of the Netherlands, which consists of the Netherlands the Netherlands Life imprisonment or life incarceration is a sentence of imprisonment for a serious crime often for most A common misconception is that the maximum sentence is 30 years (20 until 2006): this is the longest sentence that can be imposed other than life imprisonment. However, a life sentence is only imposed under special circumstances, such as multiple murders or prior convictions. The average sentence is 12 to 15 years. In addition to a prison sentence, the judge may sentence the suspect to TBS, or 'terbeschikkingstelling', meaning detention in a psychiatric institution, sometimes including forced treatment. Detention generally refers to a State or Government holding a person in a particular area (generally called a Detention centre) either for Interrogation TBS is imposed for a number of years (most often in relation to the severity of the crime) and thereafter prolonged if deemed necessary by a committee of psychiatrists. This can be done indefinitely, and has therefore been criticized as being a life sentence in disguise. Voluntary manslaughter (doodslag) is punishable by a prison sentence of up to 15 years, or life imprisonment when committed during the commission of a crime or as an act of terrorism. Involuntary manslaughter (dood door schuld) is punishable by a prison sentence of up to two years. If involuntary manslaughter is caused by recklessness, the maximum sentence that can be imposed is four years.

Norway

In Norway any act of murder (mord or drap) is generally split into three categories; planned murder, intentional murder or murder as a result of neglect. Norway ( Norwegian: Norge ( Bokmål) or Noreg ( Nynorsk) officially the Kingdom of Norway, is a Constitutional

Categories of murder

1. Planned murder or First Degree Murder - (overlagt drap) is a murder committed with the intention of taking the life of another, by a person fully sane and aware of what he/she is doing, and having planned the act of murder ahead. Planned murder is punished with up to 21 years of imprisonment. Under special circumstances, like a murder of severe cruelty, or if there is reason to believe the offender may commit murder again, additional years of imprisonment can be given. [6] This usually takes place at a court hearing near the end of the sentence.
2. Intentional murder or Second Degree Murder -(forsettlig drap) is a murder committed with the intention of taking the life of another, by a person fully sane and aware of what he/she is doing, without the act of murder having been planned ahead. Murder of passion usually falls into this category. Intentional murder is punished by 6 to 12 years of imprisonment. [7]
3. Murder as a result of neglect or Manslaughter - (uaktsomt drap) is defined as a case were someone has been killed as a result of the offenders neglect. For example, a car driver may be convicted for murder if someone is killed as a result of his/her careless driving. Murder as a result of neglect is punishable by 3-6 years, depending on the circumstances. [8]

Other forms of murder

Assisted suicide is generally illegal in Norway, and will in most cases be treated as planned murder, although the punishment may be milder depending on the circumstances.

Euthanasia (aktiv dødshjelp) has been much debated in Norway. Euthanasia (literally "good death" in Ancient Greek) refers to the practice of ending a life in a painless manner Some groups have expressed that it should be legal in cases where the victim is sane and fully aware of what he/she is asking for. Acts of euthanasia, however, are illegal, and are treated as any other form of assisted suicide.

Portugal

Overview

The Portuguese Penal Code was adopted in 1982 and has been revised on several occasions, most recently in 2007. It devotes a whole chapter on "crimes against human life". In fact, the very first crime addressed on that code is murder. The Portuguese Constitution (adopted in 1976) expressly forbids the death penalty (art. Capital punishment, the death penalty or execution, is the Killing of a person by judicial process as Punishment. 24, § 2) and life imprisonment (art. Life imprisonment or life incarceration is a sentence of imprisonment for a serious crime often for most 30, § 1). Additionally, since 1997, the Constitution does not allow the extradition of anyone who would be subject to any of those two forms of punishment at the requesting country. Extradition is the official process by which one nation or state requests and obtains from another nation or state the surrender of a suspected or convicted criminal Unless binding assurances are given that the suspect will not be sentenced to either death penalty or life imprisonment, the extradition must be rejected. Capital punishment, the death penalty or execution, is the Killing of a person by judicial process as Punishment. Life imprisonment or life incarceration is a sentence of imprisonment for a serious crime often for most

Additionally, the Penal Code states that no person may be sentenced to a prison term longer than 25 years, whichever crimes he or she has been found guilty of committing. Therefore, a multiple murderer - no matter how many actual homicides - will not serve more than 25 years in prison. Likewise, in the case murder is committed in addition to other fellonies, the defendant will be sentenced to a single prison term, for a period no longer than 25 years, encompassing the applicable terms for each crime committed.

It should also be mentioned that, according the Portuguese Penal Code, only very rarely will a sentence of less than 5-years imprisonment be enforced. In fact, article 75, § 1, states that if an offence is punishable by a prison term or another non-detentive form of punishment, the court should opt for the non-detentive punishment "if this punishment will satisfy adequately the objectives of the criminal law. "

Therefore, someone convicted to up to 5 years in prison will be put on probation or (if the sentence if for less than 3 years) will simply have the prison sentence suspended. If the convicted felon commits another intentional crime during the period of suspension or probation, he or she will serve fully the prison term. Probation or term-suspension usually will only be denied in the case of criminals with very long criminal records.

Homicide

Intentional murder, or homicide, is split into two categories, much like the American classification of murder in the first degree and murder in the second degree discussed above. Homicide, or wilful and intentional murder (art. 131 of the Penal Code), is punishable with a prison sentence of no less than 8 years and no longer than 16 years. Aggravated homicide(art. 132 of the Penal Code) is considered any wilful and intentional act in which death is provoked under particularly censurable or malicious circumstances, and is punishable with a prison term of no less than 12 and no longer than 25 years. The following circumstances are adequate to constitute a case of aggravated homicide:

a) When the murderer is a descendant or an ascendant, either by blood or adoption, of the victim.

b) When the victim is the spouse, former spouse, or person of the same or different with sex with whom the felon had a marital relationship, even if not a member of the same household, or the other parent of the son or daughter of the felon.

c) When the victim is especially defenceless, due to his/her age, handicap, illness or pregnancy.

d) When the murder employs torture or other act of cruelty to enhance the victim's sufferance.

e) When the murder is determined by greed, by the pleasure of causing death or suffering, for personal enjoyment or sexual gratification or any other futile motive.

f) When the murder is determined by racial, religious or political hatred or motivated by the colour, ethnical or national origin, sex or the sexual orientation of the victim.

g) When the murder takes place in order to prepare, facilitate, execute or dissimulate another crime, or to facilitate the escape from the authorities.

h) When the act is carried out in conjunction with, at least, another two people or when an especially dangerous mean is used to cause death.

i) When poison or any other insidious mean is used to cause death.

j) When the intent to commit murder has persisted for longer than 24 hours.

l) When the victim is the holder of public office, a docent, a minister of any religious cult, a judge or referee of any federated sport, and the act is related and caused by the exercise of said functions.

m) When the murderer is a public servant (e. g. a police officer) and the act takes place with serious abuse of authority.

Other than homicide and aggravated homicide, the Penal Code also has provisions for other forms of intentionally and unlawfully causing someone's death:

• Privileged homicide (art. 133) - when the murder takes place under an understandable violent emotion, compassion, despair or other socially or morally relevant motive, such as to significantly diminish the murderer's degree of guilt. Punishment in this case is prison for 1 to 5 years.
• Homicide by request (art. 134) - when the murder is carried out at the serious, constant and explicit request of the victim. Punishment is prison for 6 months to 3 years.
• Inciting or assisting suicide (art. 135) - if someone incites or assists another person to commit suicide, he or she is sentenced to prison for 6 months to 3 years. The punishment is increased to a prison term of 1 to 5 year, in the case the victim is under 16 years old or has, in any way, his or her capacity impaired.
• Infanticide (art. 136) - when the mother, under the disturbing influence of delivering the baby, commits murder while delivering it, or immediately afterwards. Punishment is 1 to 5 years imprisonment.
• Abortion (art. 140) - abortion carried out without the consent of the pregnant woman is punishable with imprisonment for 2 to 8 years. Abortion with the consent of the pregnant woman carries a prison term of 6 months to 3 years; the same penalty applying to the woman consenting to the abortion. However, abortion is not punishable if carried out at a registered clinic or hospital, at the request of the pregnant woman, until the tenth week of pregnancy (or later, in some circumstances).

Manslaughter

Manslaughter, which art. 136 of the Penal Code refers to as homicide caused by negligence, is punishable with a prison term of no less than 6 months and no longer than 3 years, or a fine. If the death is caused by gross negligence the penalty the prison term is of 6 months to 5 years.

Additionally, unintentionally causing someone's death while committing a crime other than homicide is an aggravating factor in the determination of the punishment applicable to that specific crime. For example, if the crime of abandonment (exposing a defenceless person to a situation in which he or she will not to be able to cope with, therefore causing harm to the victim) results in the victim's death, the punishment is 3 to 10 years imprisonment, whereas the normal penalty would be 1 to 5 years. In another example, aggravated assault resulting in the death of the victim is punishable with 3 to 13 years imprisonment, whereas the usual penalty would be 2 to 10 years.

Conditional liberty

Inmates are usually not required to serve fully their prison terms. The Penal Code allows for the possibility of releasing them on conditional liberty ("liberdade condicional"), or parole. Parole may have different meanings depending on the field and judiciary system Parole is granted once one-half of the term has been served if both the following requirements are met:

• One would reasonably expect the inmate, given the circumstances of his or her life, previous conduct, personality and evolution during incarceration, to behave in a socially responsible way without committing crimes, if released.
• The release of the convict will not endanger the public order nor aggravate the community.

If the second requirement is not met (which would be the case when the particular crime has cause huge uproar in the community), the inmate will be released once two-thirds of the prison term have been served, as long as the inmate is reasonably expected to behave in a socially responsible way without committing crimes, if released. Even if the inmate is not expected to behave in a socially responsible way, he or she is released once five sixths of the prison terms have been served, unless the inmate refuses to be released. Parole last for the remaining period of the unserved prison term, but no longer than 5 years. Once the period of parole is fully served in a satisfactory manner, the remaining unserved prison sentence is declared void.

Status of convicts and felons

Convicts and felons may not suffer any effect from their criminal conviction other than deprivation of liberty for the period of incarceration, unless the sentence specifically establishes other effects in a direct and reasonable relationship with the offence committed. Convicts do not loose any right or entitlement due to their conviction, namely political rights. In fact, on election day polling stations are set up at the major prison establishments so that inmates may exercise their right to vote, if they so wish. Any criminal conviction registered on the felon’s criminal record is stricken after a certain period of time, depending on the gravity of the offence. In the case of murder, this fact would be stricken from the murderer's criminal record once 15 years have elapsed from fully serving his or hers sentence without committing any other offence.

Romania

In Romania as of 2005, there were reported 453 homicide cases, ^[47] and 231 as of June 2006. Romania ( dated: Rumania, Roumania ^[48] According to the Romanian Penal Code, a person can face a penalty ranging from 10 to 25 years or life imprisonment for murder. Romania ( dated: Rumania, Roumania (There are also mandatory restrictions of some constitutional rights for all types of murder. )

Degrees of murder

• Murder - (10 to 20 years) Killing a person when no aggravating circumstances apply.
• Qualified murder (15 to 25 years). Aggravating circumstances:

a) with premeditation

b) concerning a material interest

c) against spouse or close relative

d) taking advantage of victim's impossibility of self-defence

e) when putting in danger the lives of multiple persons

f) concerning job attributions of the victim

g) for facilitating or hiding another crime

h) in public

• Extremely grave murder (15 to 25 years or life imprisonment). Life imprisonment or life incarceration is a sentence of imprisonment for a serious crime often for most Aggravating circumstances:

a) committed in a cruel way

b) against two or more persons

c) by a person who had already committed a murder

d) in order to hide a robbery

e) against a pregnant woman

f) against a policeman, gendarme, magistrate or soldier (in connection with their public duties)

• Negligent or accidental murder (1 to 5 years in simple form). Aggravating circumstances:

a) Caused by a professional in connection with his job for not respecting the legal dispositions (2 to 7 years)

b) By a vehicle driver with blood alcohol concentration (BAC) above legal limits or in a drunk state (5 to 15 years)

c) By a professional in a drunk state - in connection with his job duties (5 to 15 years)

d) When causing the death of two or more persons (5 to 15 years)

• Infanticide (2 to 7 years).

Switzerland

In Switzerland murder (Mord, Assassinat or Assassinio respectively in German, French or Italian) is also used for the premeditated killing of another person, but only if the motives are cruel, disgusting or show an overall disrespect of human life. Switzerland (English pronunciation; Schweiz Swiss German: Schwyz or Schwiiz Suisse Svizzera Svizra officially the Swiss Confederation Penalty ranges from ten years to life in prison. Furthermore, homicide is considered murder if it is cruel (e. g. inflicts great pain on the victim) and/or unusual, done so using explosives or arson, or if it is done to satisfy perverse lusts. Any homicide not meeting these standards is considered to be a killing (Tötung, Meurtre or Omicidio), and the penalty is not as heavy. Most homicides in Switzerland are considered killings, with the penalty ranging from 5 to 20 years.

The Swiss equivalent for manslaughter is Totschlag, Meurtre passionel or Omicidio passionale. Killers are sentenced for Totschlag when they committed the crime in a very, and especially excusable, state of excitement (a "Crime of passion"). For example, a wife who's been mistreated by her husband for years, and kills him in a fit of rage, would be sentenced for Totschlag. The penalty is one to ten years in prison.

There are many other privileged variants of killing, similar to manslaughter, such as killing on demand of the "victim"; or assisted suicide, in which case the punishment is considerably lower; this latter is only punishable if there are selfish motives. The "assisted suicide" in general is not punishable.

The relevant articles of the Swiss Penal Code (Strafgesetzbuch) are 111 to 117 (and in a certain measure, 118 to 120), which can be read in the Swiss Penal Code, second book, in French ^[49], Italian ^[50], or German ^[51]. The Strafgesetzbuch is the name of the German, Swiss, Liechtenstein and Austrian Criminal law.

United States

In the United States, the principle of dual sovereignty applies to homicide, as to other crimes. The United States of America —commonly referred to as the Political federalism is a Political philosophy in which a group of members are bound together (Latin foedus, covenant) with a governing If murder is committed within the borders of a state, that state has jurisdiction. A state is a political association with effective Sovereignty over a geographic Area and representing a Population. If the victim is a federal official, an ambassador, consul or other foreign official under the protection of the United States, or if the crime took place on federal property or involved crossing state borders, or in a manner that substantially affects interstate commerce or national security, then the Federal Government also has jurisdiction. The federal government of the United States is the central United States Governmental body established by the United States Constitution. An ambassador is the highest ranking Diplomat who represents their country Consul (abbrev cos; Latin plural consules) was the highest elected office of the Roman Republic and an appointive office under the Empire Article 1 Section 8 Clause 3 of the United States Constitution, known as the Commerce Clause, states that Congress has the power to regulate commerce with foreign National security is the entire scope of measures undertaken by the Governments of Nation-states in providing assurance of national Sovereignty If a crime is not committed within any state, then Federal jurisdiction is exclusive: examples include the District of Columbia, naval or U. Washington DC ( formally the District of Columbia and commonly referred to as Washington, the District, or simply D S. -flagged merchant vessels in international waters, or a U. Overview The merchant marine is a civilian auxiliary of the U International waterways Several international treaties have established freedom of navigation on semi-enclosed seas S. military base. In cases where a murder involves both state and federal jurisdiction, the offender can be tried and punished separately for each crime without raising issues of double jeopardy. Double jeopardy (non bis in idem is a Procedural defense (and in many countries such as the United States, Canada, Mexico and India

Modern codifications tend to create a genus of offenses, known collectively as homicide, of which murder is the most serious species, followed by manslaughter which is less serious, and ending finally in justifiable homicide, which is not a crime at all. List of countries by homicide rate Homicide ( Latin homicidium, homo human being + caedere to cut kill refers to the act of killing another The United States' concept of justifiable homicide in Criminal law stands on the dividing line between an Excuse, justification and an Exculpation Because there are 51 jurisdictions, each with its own criminal code, this section treats only the crime of murder, and does not deal with state-by-state specifics.

At base, murder consists of an intentional unlawful act with a design to kill and fatal consequences. Generally, an intention to cause great bodily harm is considered indistinguishable from an intention to kill, as is an act so inherently dangerous that any reasonable person would realize the likelihood of fatality. The reasonable person standard is often used legal term that originated in the development of the Common law. Thus, if the defendant hurled the victim from a bridge, it is no defense to argue that harm was not contemplated, or that the defendant hoped only to break bones.

Murder is the killing of human being with malice prepense. Specifically in the Criminal law, malice aforethought (or malice prepense) is the element of Mens rea ( Latin for "guilty Malice can be expressed (intent to kill) or implied. Implied malice is proven by acts that involve reckless indifference to human life or in a death that occurs during the commission of certain felonies (the felony murder rule). The exact terms of the felony murder vary tremendously from jurisdiction to jurisdiction. Sentencing for murder in the United States has a mean of 349 months and a median of 480 months. ^[52]

Degrees of murder in the United States

Before the famous case of Furman v. Georgia in 1972, most states distinguished two degrees of murder. Furman v Georgia, was a United States Supreme Court decision that ruled on the requirement for a degree of consistency in the application of the death penalty While the rules differed by state, a reasonably common scheme was that of Pennsylvania, passed in 1794: "Murder which shall be perpetrated by means of poison, or by lying in wait, or by any other kind of willful, deliberate, and premeditated killing, or which shall be committed in the perpetration or attempt to perpetrate, any arson, rape, robbery, or burglary, shall be deemed murder of the first degree (or capital murder in some states that carry the death penalty); and all other kinds of murder shall be deemed murder of the second degree. The Commonwealth of Pennsylvania ( often colloquially referred to as PA (its abbreviation by natives and Northeasterners is a state located in the Northeastern In the context of Biology, poisons are substances that can cause damage, Illness, or Death to Organisms usually by Rape, also referred to as Sexual assault, is an Assault by a person involving Sexual intercourse with or Sexual penetration of another person Robbery is the Crime of seizing Property through Violence or Intimidation. Capital punishment, the death penalty or execution, is the Killing of a person by judicial process as Punishment. "^[53] "Murder one", as the term was popularized by novels and television, carried a penalty of death, or life in prison, while the penalty for "murder two" was generally around 80 years in prison. A novel (from Italian novella, Spanish novela, French nouvelle for "new" "news" or "short story Television ( TV) is a widely used Telecommunication medium for sending ( Broadcasting) and receiving moving Images, either monochromatic After the Supreme Court placed new requirements on the imposition of the death penalty, most states adopted one of two schemes. Capital punishment, the death penalty or execution, is the Killing of a person by judicial process as Punishment. In both, third degree murder became the catch-all, while first degree murder was split. The difference was whether some or all first degree murders should be eligible for the most serious penalty (generally death, but sometimes life in prison without the possibility of parole. Parole may have different meanings depending on the field and judiciary system ).

• The first scheme, used by Pennsylvania among other states:

1. First Degree Murder: A premeditated murder, and (in some states) murders involving certain especially dangerous felonies, such as arson or rape, or committed by an inmate serving a life sentence. The Commonwealth of Pennsylvania ( often colloquially referred to as PA (its abbreviation by natives and Northeasterners is a state located in the Northeastern Premeditated murder is the Crime of wrongfully causing the death of another Human being (also known as Murder) after rationally considering the timing or Rape, also referred to as Sexual assault, is an Assault by a person involving Sexual intercourse with or Sexual penetration of another person A prison, penitentiary, or correctional facility is a place in which individuals are physically confined or interned and usually deprived of a range of
2. Second Degree Murder: Non pre-meditated killing.
3. Third Degree Murder: Any other murder.

• The second scheme, used by New York among other states, as well as the Model Penal Code:

1. First Degree Murder: Murder involving special circumstances, such as murder of a police officer, judge, fireman or witness to a crime; multiple murders; and torture or especially heinous murders. New York ( is a state in the Mid-Atlantic and Northeastern regions of the United States and is the nation's third most populous The Model Penal Code (MPC is a statutory text which was developed by the American Law Institute (ALI in 1962 Note that a "regular" premeditated murder, absent such special circumstances, is not a first-degree murder; murders by poison or "lying in wait" are not per se first-degree murders. First degree murder is pre-meditated. ^[54] However, the New York Court of Appeals struck down the death penalty as unconstitutional in the case of People v. New York Court of Appeals is the highest court in the US state of New York. Capital punishment, the death penalty or execution, is the Killing of a person by judicial process as Punishment. Constitutionality is the status of a law, a procedure or an act's accordance with the laws or guidelines set forth in the applicable Constitution. Taylor. ^[55]
2. Second Degree Murder: Any premeditated murder or felony murder that does not involve special circumstances. ^[56]

Some states, such as California, simply preserved the old distinction between two degrees and have no offense called third degree murder. California ( is a US state on the West Coast of the United States, along the Pacific Ocean. They simply have "first-degree murder" (leading to life in prison with a possibility of parole) and "first-degree murder with special circumstances" (leading to death or life without the possibility of parole), while second-degree murder continues to be the default category (punished by life in prison with a shorter term until parole eligibility).

Other states use the term "capital murder" for those offenses that merit death, and the term is often used even in states whose statutes do not include the term. As of 2006, 38 states and the federal government have laws allowing capital punishment for certain murders and related crimes (such as treason, terrorism, and espionage). In Law, treason is the Crime that covers some of the more serious acts of disloyalty to one's sovereign or Nation. Terrorism is the systematic use of terror especially as a means of coercion The penalty is rarely asked for and more rarely imposed, but it has generated tremendous public debate. See also capital punishment and capital punishment in the United States. Capital punishment, the death penalty or execution, is the Killing of a person by judicial process as Punishment. Capital punishment of a Felon in the United States, in modern times is employed and in practice only in cases involving murder

Fetal homicide in the United States

Main articles: Born alive rule and Feticide

Fetal homicide laws in the United States      "Homicide" or "murder". The "born alive" rule is a legal principle that holds that various aspects of the criminal law such as the statutes relating to Homicide and to assault apply only Feticide or foeticide is an act that causes the death of a fetus      Other crime against fetus.      Depends on age of fetus.      Assaulting mother.

Under the common law, an assault on a pregnant woman resulting in a stillbirth was not considered murder; the child had to have breathed at least once to be a human being. Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive A stillbirth occurs when a Fetus which has died in the Uterus or during labor or delivery exits a Woman 's body Remedies were limited to criminal penalties for the assault on the mother and tort action for loss of the anticipated economic services of the lost child and/or for emotional pain and suffering. Tort law is the name given to a body of law that creates and provides remedies for civil wrongs that do not arise out of Contractual duties With the widespread adoption of laws against abortion, the assailant could be charged with that offense, but the penalty was often only a fine and a few days in jail. An

When the Supreme Court greatly reduced laws prohibiting abortions in Roe v. Wade (1973) those sanctions became harder to use. The Supreme Court of the United States is the highest judicial body in the United States and leads the federal judiciary. Roe v Wade, 410 US 113 (1973 is a controversial United States Supreme Court case that resulted in a Landmark decision regarding This meant that an assault which ensured that the baby never breathed would result in a lesser charge. Various states passed "fetal homicide" laws, making killing of an unborn child murder; the laws differ about the stage of development at which the child is protected. After several well-publicized cases, Congress passed the Unborn Victims of Violence Act, which specifically criminalizes harming a fetus, with the same penalties as for a similar attack upon a person, when the attack would be a federal offense. The United States Congress is the bicameral Legislature of the federal government of the United States of America, consisting of two houses The Unborn Victims of Violence Act of 2004 (Public Law 108-212 is a United States law which recognizes a "child in utero" as a legal victim if he or she is injured Most such attacks fall under state laws; for instance, Scott Peterson was convicted of killing his unborn son as well as his wife under California's pre-existing fetal homicide law. Scott Lee Peterson (born October 24, 1972) is a Californian who was convicted of the murder of his wife Laci Peterson, who was eight months

Vikings (8th to 11th centuries)

The Viking culture had a very different concept of murder. A Viking is one of the Norse ( Scandinavian Explorers Warriors Merchants, and pirates who raided and colonized wide areas If a person killed someone, then it was up to the murderer to pay the family fair compensation (weregild) for the labor lost by the member's death. Weregeld (alternative spellings wergild, wergeld, weregeld, etc If the perpetrator refused to pay weregild, it was up to the family of the slain to extract it from the perpetrator, or take his life. ^[57] In Nordic countries, the payment of weregild was used in homicide cases until the 16th century. The Nordic countries make up a region in Northern Europe called the Nordic region, consisting of Denmark, Finland, Iceland,

The only other type of killing with consequences in Viking culture was "unjust killing", i. e. killing someone while they were sleeping or had their back to the killer. While the financial implications of unjust killing were no more severe, the killer in question suffered from a tremendous loss of trust and could be declared an outlaw. An outlaw or bandit is a person living the lifestyle of outlawry; the word literally means "outside the Law " by folk-etymology from the original

References

Other references

• Lord Mustill on the Common Law concerning murder
• Sir Edward Coke Co. Sir Edward Coke (pronounced "Cook" ( 1 February 1552 &ndash 3 September 1634) was an early English colonial Entrepreneur Inst. , Pt. III, ch. 7, p. 50

See also

• -cide
• 187, a slang term from California
• Assassination
• Child murder
• Combination of murder and suicide
• Cult homicides
• Deicide
• Democide
• Execution-style murder
• Felony murder
• Femicide
• Filicide
• Fratricide
• Genocide
• Homicide
• Human sacrifice
• Infanticide
• Killology
• List of countries by murder rate
• List of events named massacres
• List of unsolved murders and deaths
• Lust murder
• Mass murder
• Manslaughter
• Matricide
• Patricide
• Proxy murder
• Regicide
• Serial killer
• Spree killer
• Suicide
• Thrill killing
• Torture murder

External links

• - Murder in the UK - detailed site
• 1986 Seville Statement on Violence (from UNESCO)
• Introduction and Updated Information on the Seville Statement on Violence
• U.S. Centers for Disease Control "Atlas of United States Mortality"
• Cezanne's depiction of 'The Murder'