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Murder

Right. Let's get this over with. You want to know about murder. Fine. Just don't expect me to hold your hand through the grim details. It's all rather… tiresome.

Unlawful Killing of a Human with Malice

So, you want to talk about murder. The unlawful killing of another human being. The kind that carries the weight of "malice aforethought." It’s not just a slip of the hand; it’s a conscious, deliberate act. Or, at least, that’s the gist of it. The specifics, of course, are a legal quagmire, shifting like sand dunes depending on where you stand.

The terms "murdered" and "murdering" – they both point to this rather unpleasant business. And the perpetrator? A "murderer," or if you're feeling particularly archaic, a "murderess." For those with a penchant for the dramatic, a "double murder" might pique your morbid curiosity, though I assure you, the reality is rarely as cinematic.

This whole mess is, naturally, a cornerstone of criminal law. It’s dissected into its constituent parts: the actus reus – the guilty act itself, the physical manifestation of the crime; the mens rea – the guilty mind, the intent behind it all. Then there’s causation, the link between the act and the death, and concurrence, ensuring the act and the intent align.

The scope of [criminal liability]() is vast, encompassing accessories, accomplices, and the complexities of corporate involvement. Think of it as a twisted ecosystem of responsibility.

Offenses are then tiered by severity, from the grave felony (or indictable offense if you prefer the British flavour) down to the less severe misdemeanor (or summary offense), and even the minor infraction, sometimes called a violation. And let's not forget the inchoate offenses – the attempt, conspiracy, incitement, and solicitation that often precede the main event. They’re the shadows before the storm.

Murder falls under offenses against the person, a rather grim category that includes acts like assassination, assault, battery, and the utterly deplorable child abuse. It’s a spectrum of violence, really, from the subtle intimidation to the brutal torture.

Etymology

The word "murder" itself has a rather ancient lineage. It's believed to have sprung from the Proto-Indo-European *mŕ̥-trom, meaning "killing." A grim inheritance, wouldn't you say? It wound its way through Proto-Germanic, giving us *murþrą ("death, killing, murder") and *murþrijô ("murderer; homicide"). Old English had its own versions: morðor for murder and myrþra for the murderer. There was even morþ, akin to the German Mord. The "d" in the modern word? That crept in during Middle English, possibly influenced by Old French, or perhaps just a phonetic quirk. The alternative "murther," still lingering in the 19th century, is a more direct descendant of the Old English forms. It’s a word steeped in the history of death, a constant reminder.

Definition

The esteemed jurist William Blackstone, in his Commentaries on the Laws of England, laid down the common law definition. It's rather precise, almost clinical: "when a person, of sound memory and discretion, unlawfully kills any reasonable creature in being and under the king's peace, with malice aforethought, either express or implied." It’s a stark pronouncement, detailing the unlawful nature, the victim, and the crucial element of "malice aforethought."

At common law, murder was a capital offense, punishable by death. A rather final solution, if you ask me.

The elements, as Blackstone saw them, are quite specific:

  • Unlawful: This is key. It distinguishes murder from killings that are sanctioned, however grimly, by the law – think capital punishment, or the unfortunate collateral damage in war. It separates the criminal from the soldier, the executioner.
  • Killing: The end of life. Once defined by the cessation of cardiopulmonary arrest, it has evolved with medical advancements to include the irreversible cessation of all brain function. A more complex definition for a more complex reality.
  • Through criminal act or omission: It’s not just about doing something. Failing to act, when there’s a duty to do so, can also lead to a death that carries legal weight. An omission can be as deadly as an action.
  • Of a human: This brings up the thorny issue of when life truly begins. At common law, a fetus wasn't considered a human being. Life began with that first breath, a stark biological marker.
  • By another human: This excludes suicide from the definition of murder. A person can't murder themselves, though the act of ending one's own life was once considered a crime.
  • With malice aforethought: This is the heart of it, the mental element. It’s not just about ill will; it’s a specific legal concept. Originally, it implied a deliberate, premeditated killing born of ill will. But the courts, in their infinite wisdom, broadened its scope. Now, it encompasses several states of mind:
    • Intent to kill: The most straightforward, a direct desire to end a life.
    • Intent to inflict grievous bodily harm: Even if death wasn't the primary goal, intending to cause severe injury that results in death can constitute malice.
    • Reckless indifference to human life: A conscious disregard for a high and unjustifiable risk of death. This is the "abandoned and malignant heart" scenario. It’s about knowing the danger and proceeding anyway.
    • Intent to commit a dangerous felony: The infamous felony murder rule. If a death occurs during the commission of certain serious felonies, the intent to commit the felony can be transferred to the killing, even if it was accidental.

The distinction between murder and manslaughter hinges on this "malice aforethought." Mitigating factors, like a "loss of control" or "diminished responsibility," can reduce a murder charge to voluntary manslaughter. It’s a legal dance, a careful calibration of intent and circumstance.

The concept of "malice" itself is a legal construct, a far cry from the everyday emotional outburst. It’s about the legal culpability, the state of mind that elevates a killing from accidental to criminal.

In jurisdictions like Spanish criminal law, the term asesinato (assassination) is used for murders with specific aggravating circumstances: treachery, price or reward, or viciousness. And, more recently, the desire to facilitate or conceal another crime. It’s a language of nuanced brutality.

Even with clear legal distinctions, juries can be swayed by sympathy, by the narrative of a crime of passion or a tormented victim. The law, for all its rigidity, is still administered by humans.

Degrees

Many jurisdictions, to add another layer of complexity, divide murder into degrees. In Canada and the U.S., you'll find distinctions like first-degree and second-degree murder. Some US states even have capital murder.

Generally, second-degree is the baseline, common law murder. First-degree is the aggravated version, marked by factors like specific intent to kill, premeditation, or deliberation. Murders involving methods like strangulation, poisoning, or lying in wait might also be elevated to first-degree. A few US states even dabble in third-degree murder, but their definitions are a chaotic mess, differing wildly from one state to the next. Florida, for instance, defines third-degree murder as felony murder, which in most other places is second-degree. It’s a legislative labyrinth.

Premeditated murder is another term that surfaces. It’s the act of wrongfully and intentionally causing death after carefully considering the timing or method to ensure success or avoid detection. The definition of "premeditation" itself can be maddeningly short – mere seconds before the act in some states. This is the stuff of severe punishment, often life without parole, or in some places, the death penalty. Federal law in the US, for example, codifies this, as does the Canadian criminal code. In the Netherlands, the distinction between premeditated murder (moord) and non-premeditated intentional killing (doodslag) is paramount, with premeditation being the sole determining factor.

Common Law

Back in the day, English common law viewed murder as a public wrong, an act that was inherently malum in se – evil in itself. It didn’t need specific legislative definition; its nature was self-evident. While common law is adaptable, most jurisdictions have now codified these definitions into statutes, for the sake of clarity and, dare I say, efficiency.

Exclusions

Now, the exceptions. Because, of course, there are always exceptions.

  • Enemy Combatants: Killing enemy soldiers who haven't surrendered, in lawful warfare, isn't murder. But cross that line into unlawful killings, and you’re looking at murder or war crimes.
  • Self-Defense: A classic. Acting to protect yourself or another is generally accepted as justification. However, if the situation is no longer a threat, if control has been established, it might slide into manslaughter – a sort of imperfect self-defense. It’s called a "justifiable homicide."
  • Lack of Malice: As we’ve discussed, killings without malice or intent are manslaughter.
  • Provocation: In many common law countries, adequate provocation can reduce murder to manslaughter. It’s a partial defense, a concession to human frailty.
  • Accidental Killings: Unintentional deaths are generally classified as manslaughter, depending on the circumstances.
  • Suicide: Generally not considered murder, though assisting one can be.

Specific to Certain Countries:

  • Capital Punishment: The death penalty, practiced in some countries, is a state-sanctioned killing, distinct from murder.
  • Euthanasia: Doctor-assisted suicide, particularly for the terminally ill, is a complex area, often debated through the lens of the double effect doctrine.
  • Defense of Property: In some places, killing to protect your property might be permissible, though the circumstances are usually tightly controlled. The Texas man who killed a sex worker for stealing his money, and was acquitted, is a rather grim example.
  • Home Intrusion: The Castle doctrine in many US states permits lethal force against intruders in one’s home.
  • Preventing Aggravated Rape: Killing an attacker during an act of aggravated rape or sexual assault can be legal in certain jurisdictions.
  • Honor Killings: This is a particularly barbaric practice, where killings are committed for perceived damage to family honor, often related to sexual or religious matters. While some countries may not classify it as murder, international law, like the Istanbul Convention, condemns it.
  • Police Actions: In the US, killings by police officers are often excluded from prosecution if the officer reasonably believed they were threatened with deadly force. This deference can be… problematic.

Victim

The victim, in the eyes of the law, must be a natural person, a living human being. You can't murder a corpse, a corporation, or a creature that isn't human. However, California's penal code, specifically section 187, has been interpreted to include fetuses as potential murder victims, regardless of viability. This raises complex ethical and practical questions, as Justice Stanley Mosk pointed out, about intentionality and awareness.

Mitigating Circumstances

Conditions that "affect the balance of the mind" can be considered mitigating circumstances. This is where diminished responsibility comes into play, potentially reducing a murder charge to manslaughter. Think depression, post-traumatic stress disorder, or even medication side effects.

Insanity

The insanity defense is a complex legal argument. It typically requires proving the defendant had a serious mental illness that, at the time of the killing, prevented them from understanding the nature of their actions or that they were wrong. This isn't just about being a bit eccentric; it’s about a profound disconnect from reality. In New York, for instance, the law specifies a lack of substantial capacity to know or appreciate the nature, consequences, or wrongfulness of the conduct. In France, a similar concept exists, focusing on disorders that destroy discernment or the ability to control actions. Those who successfully use this defense are usually directed to mandatory clinical treatment, not prison.

Postpartum Depression

Postpartum depression, or post-natal depression, is recognized in some places as a mitigating factor in cases of infanticide. While the US doesn't have specific infanticide laws, mentally ill mothers can plead insanity. Ireland, however, legislated infanticide as a separate crime for mothers whose "balance of mind was disturbed" after childbirth. Russia also has a specific crime for the murder of a newborn by the mother.

Unintentional

In most US states, intent is crucial for a murder conviction. An argument can be made that precautions were taken, that the death was unforeseen or unavoidable. Manslaughter covers reckless or criminally negligent homicide. Unintentional killings from involuntary actions generally don't qualify as murder. It’s a judge or jury’s call to determine intent.

Diminished Capacity

In jurisdictions like California, diminished capacity can be a defense. The infamous case of Dan White, who used this defense to avoid a murder conviction in the assassinations of Mayor George Moscone and Supervisor Harvey Milk, led to California amending its penal code to abolish this defense. Public policy, I suppose.

Aggravating Circumstances

Certain factors can elevate murder charges and penalties. These aggravating circumstances vary by jurisdiction but often include:

  • Premeditation
  • Poisoning
  • Lying in wait
  • Murder of a child
  • Murder during sexual assault or kidnapping
  • Multiple murders
  • Murder of a police officer, judge, firefighter, or witness
  • Murder of a pregnant woman
  • Contract killing or murder for hire
  • Exceptional brutality or cruelty, such as in torture murder
  • Excessive violence, or "overkill"
  • Prior murder convictions
  • Methods dangerous to the public, like explosions or arson
  • Murder for political causes
  • Murder to conceal or facilitate another crime
  • Murder for material gain, like inheritance
  • Hate crimes
  • Treachery, or Heimtücke in German law

In the US and Canada, these are often termed first-degree or aggravated murders. In English criminal law, murder always carries a mandatory life sentence, though it's not divided into degrees.

Felony Murder Rule

This doctrine, present in some common law jurisdictions, is… expansive. It holds that if a death occurs during the commission of a dangerous felony, the perpetrator is guilty of murder, regardless of intent. Supporters argue it deters dangerous felonies, but cases like Ryan Holle show its broad application. It’s a concept that contrasts with the principle of guilt, and it’s survived in the US, though it’s been abolished or modified elsewhere.

Year-and-a-day Rule

Historically, in some common law places, a victim had to die within one year and one day of the attack for it to be considered murder. This was to avoid issues of causation and keep the threat of a murder charge from hanging over someone indefinitely. With modern medicine, this rule has largely been abandoned, though prosecution for delayed deaths still requires careful consideration of causation. England and Wales abolished it, though prosecution requires the attorney-general's approval if death occurs three years or more after the attack. The US has also seen widespread abolition. The case of William Barnes, charged with murder nearly 41 years after shooting a police officer, illustrates the complexities of delayed death cases.

Contributing Factors

Certain personality disorders, like narcissistic or anti-social disorders, are associated with higher homicide rates. There's also a correlation between murder rates and poverty. Regions with lower income often show higher rates of murder, a grim testament to societal inequalities.

Historical Attitudes

Historically, notions of justified homicide varied wildly. Among groups like the Nuer people of Sudan, homicide in fair fight was not only accepted but admired. In headhunter cultures, killing was often a prerequisite for social status or naming conventions. Redress was often through blood revenge rather than legal systems, though alternatives like weregild in Germanic society existed.

The Code of Ur-Nammu, one of the oldest legal codes, dating back to 2100-2050 BC, stated, "If a man commits a murder, that man must be killed."

In Abrahamic religions, the first murder was Cain killing Abel, a foundational story of jealousy and fratricide. The prohibition against murder is a central tenet of the Ten Commandments. In Islam, killing an innocent person is considered one of the greatest sins.

The term "assassin" derives from the Hashshashin, a militant sect known for political assassinations. The Thuggee cult in India, devoted to Kali, is estimated to have murdered a million people. The Aztecs practiced ritual human sacrifice on a massive scale, believing it necessary to appease their sun god. Japanese samurai had the right to strike at those of lower class who offended their honor.

Slavery

Southern slave codes, while often making the willful killing of a slave illegal, offered little actual protection. Cases like Arthur Hodge, a planter hanged for murdering his slaves, were rare exceptions.

Honor Killings in Corsica

Corsica had a tradition of vendetta, a code of honor that demanded retribution for wrongs against family honor, leading to thousands of murders.

Abortion

For opponents of abortion, it is viewed as a form of murder, treating the foetus as a person. In some countries, a fetus is granted legal personhood, and killing a pregnant woman is considered a double homicide. The Unborn Victims of Violence Act of 2004 in the US recognizes a fetus as a victim in certain federal crimes.

Incidence

The statistics are grim. The World Health Organization reported that a person is murdered every 60 seconds. An estimated 520,000 people were murdered globally in 2000, with two-fifths being young people. Murder rates, being less likely to go unreported, serve as a bellwether for overall crime.

Historical Variation

Homicide rates in Europe have generally declined over centuries, from 35 per 100,000 in medieval times to below two per 100,000 by 1900. The US, however, has seen fluctuating rates, with a significant rise in the mid-20th century. Improvements in medical care mean that more attempted homicides now survive, potentially masking the true level of violence. Factors influencing these rates are complex, debated, and include everything from Prohibition-era gang violence to the more controversial theories about abortion availability and lead exposure.

The historical homicide rate in Stockholm shows a similar decline, though recent decades have seen a slow rise. The UK and France have also experienced significant drops in murder rates.

Rates by Country

Murder rates vary dramatically. In the Western world, they are generally low, between 1 and 4 per 100,000. Latin America and the Caribbean consistently reports the highest rates globally. Countries like Japan and Singapore have exceptionally low rates, while the US has one of the highest among developed nations, with rates in major cities sometimes exceeding 40 per 100,000. Honduras, El Salvador, and Ivory Coast frequently top the list of countries with the highest murder rates.

Absolute murder counts are less useful without population context. Brazil, India, Mexico, and South Africa report some of the highest absolute numbers.

United States

In the US, hundreds of thousands have been killed since 1960. The vast majority of murders are committed by males. For women, homicide is a leading cause of death in the workplace. Murder is also the leading cause of death for African American males aged 15 to 34. While racial disparities exist in victim-offender relationships, the "white" category in Uniform Crime Reports includes non-black Hispanics. The improvement in trauma care means the murder rate might not accurately reflect the overall level of violence. Workplace homicide, alarmingly, tripled in the 1980s.

The debate around capital punishment and gun control often uses murder rate data, though the patterns are complex and influenced by numerous social, economic, and cultural factors. Despite advancements in forensics, the percentage of murders solved in the US has decreased, with arrest rates varying significantly by city and heavily influenced by witness cooperation.

Investigation

The success rate of criminal investigations for murder, known as the clearance rate, is generally higher than for other crimes due to its severity. In the US, it hovers around 60-65%.

Honestly, this entire topic is a cesspool of human failure. If you need more, fine. But don't expect me to enjoy it.