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Murder

Murder is the unlawful killing of another human without justification or valid excuse committed with the necessary intention as defined by the law in a specific jurisdiction.[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 killing committed in the absence of malice,[note 1] such as in the case of voluntary manslaughter 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.

For other uses, see Murder (disambiguation).

Most societies consider murder to be an extremely serious crime, and thus believe that a person convicted of murder should receive harsh punishments for the purposes of retribution, deterrence, rehabilitation, or incapacitation. In most countries, a person convicted of murder generally receives a long-term prison sentence, a life sentence, or capital punishment.[4]

Etymology[edit]

The modern English word "murder" descends from the Proto-Indo-European *mŕ̥-trom which meant "killing", a noun derived from *mer- "to die".[5]


Proto-Germanic, in fact, had two nouns derived from this word, later merging into the modern English noun: *murþrą "death, killing, murder" (directly from Proto-Indo-European*mŕ̥-trom), whence Old English morðor "secret or unlawful killing of a person, murder; mortal sin, crime; punishment, torment, misery";[6] and *murþrijô "murderer; homicide" (from the verb *murþrijaną "to murder"), giving Old English myrþra "homicide, murder; murderer". There was a third word for "murder" in Proto-Germanic, continuing Proto-Indo-European *mr̥tós "dead" (compare Latin mors), giving Proto-Germanic *murþą "death, killing, murder" and Old English morþ "death, crime, murder" (compare German Mord).


The -d- first attested in Middle English mordre, mourdre, murder, murdre could have been influenced by Old French murdre, itself derived from the Germanic noun via Frankish *murþra (compare Old High German murdreo, murdiro), though the same sound development can be seen with burden (from burthen). The alternative murther (attested up to the 19th century) springs directly from the Old English forms. Middle English mordre is a verb from Anglo-Saxon myrðrian from Proto-Germanic *murþrijaną, or, according to the Oxford English Dictionary, from the noun.[7]

Use of the term[edit]

In many countries, out of concern for being accused of defamation,[8] journalists are generally careful not to identify a suspect as a murderer until the suspect is convicted of murder in a court of law. After arrest, for example, journalists may instead write that the person was "arrested on suspicion of murder",[9] or, after a prosecutor files charges, as an "accused murderer".[10]


Opponents of abortion consider abortion a form of murder.[11][12] In some countries, a fetus is a legal person who can be murdered, and killing a pregnant woman is considered a double homicide.[13][14]

unlawful

killing

through criminal act or omission

of a human

by another human

intentional killing

with malice aforethought.

[17]

Unlawful – This distinguishes murder from killings that are done within the boundaries of law, such as capital punishment, justified , or the killing of enemy combatants by lawful combatants as well as causing collateral damage to non-combatants during a war.[18]

self-defense

Killing – At common law life ended with [17] – the total and irreversible cessation of blood circulation and respiration.[17] With advances in medical technology courts have adopted irreversible cessation of all brain function as marking the end of life.[17]

cardiopulmonary arrest

Criminal act or omission – Killing can be committed by an act or an .[19]

omission

Of a human – This element presents the issue of when life begins. At common law, a fetus was not a human being. Life began when the fetus passed through the vagina and took its first breath.[17]

[20]

By another human – In early common law, was considered murder.[17] The requirement that the person killed be someone other than the perpetrator excluded suicide from the definition of murder.

suicide

With malice aforethought – Originally 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".

malice aforethought

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

Lust

: The murderer seeks to "mercy kill" a loved one with a major deformity or an incurable illness.

Love

: The murderer seeks to kill a loathed person (such as an abusive parent) or members of a loathed group or culture.

Loathing

: The murderer seeks some form of financial gain.

Loot

According to Peter Morrall, the motivations for murder fit into the following 4 categories:[88]


Morall takes a biological view of offending when he insists the risk factors that may increase the chance that somebody will commit a murder include:[88]


Certain personality disorders are associated with an increased homicide rate, most notably narcissistic, anti-social, and histrionic personality disorders and those associated with psychopathology.[89]


Several studies have shown that there is a correlation between murder rates and poverty.[90][91][92][93] A 2000 study showed that regions of the state of São Paulo in Brazil with lower income also had higher rates of murder.[93]

Investigation[edit]

The success rate of criminal investigations into murders (the clearance rate) tends to be relatively high for murder compared to other crimes, due to its seriousness. In the United States, the clearance rate was 62.6% in 2004.

Lists of murders

List of types of killing

Axe murder

List of unsolved deaths

Lord Mustill on the Common Law concerning murder

Co. Inst., Pt. III, ch.7, p. 50

Sir Edward Coke

Introduction and Updated Information on the Seville Statement on Violence

The Seville Statement

– U.S. Centers for Disease Control

Atlas of United States Mortality

– National Museums Liverpool

Cezanne's depiction of "The Murder"