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Murder - Wikipedia. The assassination of Agamemnon, an illustration from Stories from the Greek Tragedians by Alfred Church, 1. Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human being 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, recklessness.

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Most societies consider murder to be a very serious crime, and 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; and in a few, the death penalty may be imposed.[4]Etymology[edit]The modern English word "murder" descends from the Proto- Indo- European "mrtró" which meant "to die".[5] The Middle Englishmordre is a noun from Anglo- Saxonmorðor and Old Frenchmurdre. Middle English mordre is a verb from Anglo- Saxon myrdrian and the Middle English noun.[6]Definition[edit]The eighteenth- century English jurist William Blackstone (citing Edward Coke), in his Commentaries on the Laws of England set out the common law definition of murder, which by this definition occurswhen 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.[7]The elements of common law murder are: Unlawfulkillingthrough criminal act or omissionof a humanby another humanwith malice aforethought.[8]The Unlawful – This distinguishes murder from killings that are done within the boundaries of law, such as capital punishment, justified self- defence, or the killing of enemy combatants by lawful combatants as well as causing collateral damage to non- combatants during a war.[9]Killing – At common law life ended with cardiopulmonary arrest[8] – the total and irreversible cessation of blood circulation and respiration.[8] With advances in medical technology courts have adopted irreversible cessation of all brain function as marking the end of life.[8]Сriminal act or omission – Killing can be committed by an act or an omission.[1. This element presents the issue of when life begins. At common law, a fetus was not a human being.[1. Life began when the fetus passed through the vagina and took its first breath.[8]by another human – In early common law, suicide was considered murder.[8] The requirement that the person killed be someone other than the perpetrator excluded suicide from the definition of murder.

Originally malice aforethought carried its everyday meaning – a deliberate and premeditated (prior intent) killing of another motivated by ill will. Murder necessarily required that an appreciable time pass between the formation and execution of the intent to kill. The courts broadened the scope of murder by eliminating the requirement of actual premeditation and deliberation as well as true malice. All that was required for malice aforethought to exist is that the perpetrator act with one of the four states of mind that constitutes "malice."The four states of mind recognized as constituting "malice" are: [1. Intent to kill,Intent to inflict grievous bodily harm short of death,Reckless indifference to an unjustifiably high risk to human life (sometimes described as an "abandoned and malignant heart"), or. Intent to commit a dangerous felony (the "felony murder" doctrine). Under state of mind (i), intent to kill, the deadly weapon rule applies.

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Thus, if the defendant intentionally uses a deadly weapon or instrument against the victim, such use authorizes a permissive inference of intent to kill. In other words, "intent follows the bullet." Examples of deadly weapons and instruments include but are not limited to guns, knives, deadly toxins or chemicals or gases and even vehicles when intentionally used to harm one or more victims. Under state of mind (iii), an "abandoned and malignant heart", the killing must result from the defendant's conduct involving a reckless indifference to human life and a conscious disregard of an unreasonable risk of death or serious bodily injury. An example of this is a 2.

California where an individual could be convicted of third- degree murder if he or she kills another person while driving under the influence of alcohol, drugs, or controlled substances. In Australian jurisdictions, the unreasonable risk must amount to a foreseen probability of death (or grievous bodily harm in most states), as opposed to possibility.[1. Under state of mind (iv), the felony- murder doctrine, the felony committed must be an inherently dangerous felony, such as burglary, arson, rape, robbery or kidnapping. Importantly, the underlying felony cannot be a lesser included offense such as assault, otherwise all criminal homicides would be murder as all are felonies. As with most legal terms, the precise definition of murder varies between jurisdictions and is usually codified in some form of legislation.

Even when the legal distinction between murder and manslaughter is clear, it is not unknown for a jury to find a murder defendant guilty of the lesser offence. The jury might sympathise with the defendant (e.

Degrees of murder[edit]Many jurisdictions divide murder by degrees. The distinction between first- and second- degree murder exists, for example, in Canadian murder law and third- degree murder is recognized in U.

S. murder law and Peruvian murder law. The most common division is between first- and second- degree murder. Generally, second- degree murder is common law murder, and first- degree is an aggravated form. The aggravating factors of first- degree murder depend on the jurisdiction, but may include a specific intent to kill, premeditation, or deliberation. In some, murder committed by acts such as strangulation, poisoning, or lying in wait are also treated as first- degree murder.[1. Some jurisdictions also distinguish premeditated murder. This is the crime of wrongfully and intentionally causing the death of another human being (also known as murder) after rationally considering the timing or method of doing so, in order to either increase the likelihood of success, or to evade detection or apprehension.[1.

State laws in the United States vary as to definitions of "premeditation." In some states, premeditation may be construed as taking place mere seconds before the murder. Premeditated murder is one of the most serious forms of homicide, and is punished more severely than manslaughter or other types of murder, often with a life sentence without the possibility of parole, or in some countries, the death penalty. In the U. S, Federal law criminalizes premeditated murder, felony murder and second- degree murder at Title 1. United States Code, Section 1. In Canada, the Criminal Code classifies murder as either 1st- or 2nd- degree. The former type of murder is often called premeditated murder, although premeditation is not the only way murder can be classified as first- degree. The Trouble With Girls Movie Watch Online.

Common law[edit]According to Blackstone, English common law identified murder as a public wrong.[1.