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Murder is the unlawful killing of another human being without justification. It is done with malice aforethought.[1][2][3] This state of mind may, depending upon the jurisdiction, distinguish murder from other forms of unlawful homicide, such as manslaughter. Manslaughter is a killing committed in the absence of malice, brought about by reasonable provocation, or diminished capacity. Involuntary manslaughter, where it is recognized, is a killing that lacks all but the most attenuated guilty intent (mens rea), recklessness.Most societies consider murder to be a very serious crime thus believe that the person charged should receive harsh punishments for the purposes of retribution, deterrence, rehabilitation, or incapacitation. In most countries, a person convicted of murder generally faces a long-term prison sentence, possibly a life sentence where permitted. In Australia, penalties evident in the Crimes Act 1904, a person who commits murder is liable to imprisonment for life.[4] A life setence is mandatory for those who are found guilty of murdering a police officer. [5]Alternatively, those found guilty of manslaughter can be incarcerated for up to 25 years.In other countries, where capital punishment exists, the death penalty may be imposed for such an act; however, this practice is now less common.All jurisdictions require that the victim be a natural person; that is, a human being who was still alive before being murdered. In other words, under the law one cannot murder a corpse, a corporation, a non-human animal, or any other non-human organism such as a plant orbacterium.California's murder statute, Penal Code Section 187, was interpreted by the Supreme Court of California in 1994 as not requiring any proof of the viability of the fetus as a prerequisite to a murder conviction.[27] This holding has two implications. The first is a defendant in California can be convicted of murder for killing a fetus which the mother herself could have terminated without committing a crime.[27] The second, as stated by Justice Stanley Mosk in his dissent, is that because women carrying nonviable fetuses may not be visibly pregnant, it may be possible for a defendant to be convicted of intentionally murdering a person he did not know existed.
Postpartum depression (also known as post-natal depression) is recognized in some countries as a mitigating factor in cases of infanticide. According to Dr. Susan Friedman, "Two dozen nations have infanticide laws that decrease the penalty for mothers who kill their children of up to one year of age. The United States does not have such a law, but mentally ill mothers may plead not guilty by reason of insanity."[31] In the law of the Republic of Ireland, infanticide was made a separate crime from murder in 1949, applicable for the mother of a baby under one year old where "the balance of her mind was disturbed by reason of her not having fully recovered from the effect of giving birth to the child or by reason of the effect of lactation consequent upon the birth of the child".[32] Since independence, death sentences for murder in such cases had always been commuted;[33] the new act was intended "to eliminate all the terrible ritual of the black cap and the solemn words of the judge pronouncing sentence of death in those cases ... where it is clear to the Court and to everybody, except perhaps the unfortunate accused, that the sentence will never be carried out.In 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.[45] This reflects the likelihood that if the victim dies, other factors will have contributed to the cause of death, breaking the chain of causation. Subject to any statute of limitations, the accused could still be charged with an offence reflecting the seriousness of the initial assault.With advances in modern medicine, most countries have abandoned a fixed time period and test causation on the facts of the case. This is known as "delayed death" and cases where this was applied or was attempted to be applied go back to at least 1966.In England and Wales, the "year-and-a-day rule" was abolished by the Law Reform (Year and a Day Rule) Act 1996. However, if death occurs three years or more after the original attack then prosecution can take place only with the Attorney-General's approval.In the United States, many jurisdictions have abolished the rule as well.[47][48] 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 defences. 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.In Philadelphia a 74-year-old man, William Barnes, was acquitted of murder charges on May 24, 2010. He was on trial for murder for the death of Philadelphia police officer Walter Barkley. Barnes shot Barkley on November 27, 1966, and served 16 years in prison for attempted murder. Barkley died on August 19, 2007, allegedly from complications of the wounds suffered nearly 41 years earlier.The term assassin derives from Hashshashin,[55] a militant Ismaili Shi'ite sect, active from the 8th to 14th centuries. This mystic secret society killed members of the Abbasid, Fatimid, Seljuq and Crusader elite for political and religious reasons.[56] The Thuggee cult that plagued India was devoted to Kali, the goddess of death and destruction.[57][58] According to some estimates the Thuggees murdered 1 million people between 1740 and 1840.[59] The Aztecs believed that without regular offerings of blood the sun god Huitzilopochtli would withdraw his support for them and destroy the world as they knew it.[60] According to Ross Hassig, author of Aztec Warfare, "between 10,000 and 80,400 persons" were sacrificed in the 1487 re-consecration of the Great Pyramid of Tenochtitlan.Southern slave codes did make willful killing of a slave illegal in most cases.[63] For example, the 1860 Mississippi case of Oliver v. State charged the defendant with murdering his own slave.[64] In 1811, the wealthy white planter Arthur Hodge was hanged for murdering several of his slaves on his plantation in the British West Indies.In Corsica, vendetta was a social code that required Corsicans to kill anyone who wronged their family honor. Between 1821 and 1852, no fewer than 4,300 murders were perpetrated in Corsica.
Postpartum depression (also known as post-natal depression) is recognized in some countries as a mitigating factor in cases of infanticide. According to Dr. Susan Friedman, "Two dozen nations have infanticide laws that decrease the penalty for mothers who kill their children of up to one year of age. The United States does not have such a law, but mentally ill mothers may plead not guilty by reason of insanity."[31] In the law of the Republic of Ireland, infanticide was made a separate crime from murder in 1949, applicable for the mother of a baby under one year old where "the balance of her mind was disturbed by reason of her not having fully recovered from the effect of giving birth to the child or by reason of the effect of lactation consequent upon the birth of the child".[32] Since independence, death sentences for murder in such cases had always been commuted;[33] the new act was intended "to eliminate all the terrible ritual of the black cap and the solemn words of the judge pronouncing sentence of death in those cases ... where it is clear to the Court and to everybody, except perhaps the unfortunate accused, that the sentence will never be carried out.In 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.[45] This reflects the likelihood that if the victim dies, other factors will have contributed to the cause of death, breaking the chain of causation. Subject to any statute of limitations, the accused could still be charged with an offence reflecting the seriousness of the initial assault.With advances in modern medicine, most countries have abandoned a fixed time period and test causation on the facts of the case. This is known as "delayed death" and cases where this was applied or was attempted to be applied go back to at least 1966.In England and Wales, the "year-and-a-day rule" was abolished by the Law Reform (Year and a Day Rule) Act 1996. However, if death occurs three years or more after the original attack then prosecution can take place only with the Attorney-General's approval.In the United States, many jurisdictions have abolished the rule as well.[47][48] 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 defences. 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.In Philadelphia a 74-year-old man, William Barnes, was acquitted of murder charges on May 24, 2010. He was on trial for murder for the death of Philadelphia police officer Walter Barkley. Barnes shot Barkley on November 27, 1966, and served 16 years in prison for attempted murder. Barkley died on August 19, 2007, allegedly from complications of the wounds suffered nearly 41 years earlier.The term assassin derives from Hashshashin,[55] a militant Ismaili Shi'ite sect, active from the 8th to 14th centuries. This mystic secret society killed members of the Abbasid, Fatimid, Seljuq and Crusader elite for political and religious reasons.[56] The Thuggee cult that plagued India was devoted to Kali, the goddess of death and destruction.[57][58] According to some estimates the Thuggees murdered 1 million people between 1740 and 1840.[59] The Aztecs believed that without regular offerings of blood the sun god Huitzilopochtli would withdraw his support for them and destroy the world as they knew it.[60] According to Ross Hassig, author of Aztec Warfare, "between 10,000 and 80,400 persons" were sacrificed in the 1487 re-consecration of the Great Pyramid of Tenochtitlan.Southern slave codes did make willful killing of a slave illegal in most cases.[63] For example, the 1860 Mississippi case of Oliver v. State charged the defendant with murdering his own slave.[64] In 1811, the wealthy white planter Arthur Hodge was hanged for murdering several of his slaves on his plantation in the British West Indies.In Corsica, vendetta was a social code that required Corsicans to kill anyone who wronged their family honor. Between 1821 and 1852, no fewer than 4,300 murders were perpetrated in Corsica.
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