This is an accepted version of this page
70-445: A killer is someone or something that kills, such as a murderer or a serial killer . Killer may also refer to: Murderer Note: Varies by jurisdiction Note: Varies by jurisdiction 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 . This state of mind may, depending upon
140-417: A public wrong . According to common law, murder is considered to be malum in se , that is, an act which is evil within itself. An act such as murder is wrong or evil by its very nature, and it is the very nature of the act which does not require any specific detailing or definition in the law to consider murder a crime. Some jurisdictions still take a common law view of murder. In such jurisdictions, what
210-539: A "great and able Lawyer". Blackstone's treatise was republished in 1770, 1773, 1774, 1775, 1778 and in a posthumous edition in 1783. Reprints of the first edition, intended for practical use rather than antiquary interest, were published until the 1870s in England and Wales, and a working version by Henry John Stephen , first published in 1841, was reprinted until after the Second World War . The first American edition
280-403: 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. 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
350-432: A conscious disregard of an unreasonable risk of death or serious bodily injury. 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. 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,
420-557: A criminal action...." Murder with specified aggravating circumstances is often punished more harshly. Depending on the jurisdiction, such circumstances may include: In the United States and Canada, these murders are referred to as first-degree or aggravated murders. Under English criminal law , murder always carries a mandatory life sentence , but is not classified into degrees. Penalties for murder committed under aggravating circumstances are often higher under English law than
490-413: A defendant to be convicted of intentionally murdering a person they did not know existed. Some countries allow conditions that "affect the balance of the mind" to be regarded as mitigating circumstances . This means that a person may be found guilty of "manslaughter" on the basis of "diminished responsibility" rather than being found guilty of murder, if it can be proved that the killer was suffering from
560-420: A finding of intent to kill, such as "loss of control" or "diminished responsibility", may result in the reduction of a murder charge to voluntary manslaughter. The four states of mind recognised as constituting "malice" are: Under state of mind (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 authorises
630-407: A permissive inference of intent to kill. 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
700-522: 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 . Some countries, states, and territories, including the United Kingdom and other countries with English-derived common law , mandate life imprisonment for murder, whether it
770-728: A person, murder; mortal sin, crime; punishment, torment, misery"; 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
SECTION 10
#1732844917541840-412: 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. At common law, murder was normally punishable by death. The elements of common law murder are: In contrast with manslaughter , murder requires the mental element known as malice aforethought. Mitigating factors that weigh against
910-630: A similar reception. The fourth and final volume appeared in 1769, dealing with criminal law. With the financial success of the Commentaries , Blackstone moved in 1768 from his London property in Carey Fields to No. 55 Lincoln's Inn Fields. Neighbours included the Sardinian ambassador, Sir Walter Rawlinson , Lord Northington , John Morton and the Third Earl of Abingdon , making it an appropriate house for
980-492: A study of the Commentaries was required reading for all first year law students. Lord Avonmore said of Blackstone: "He it was who first gave to the law the air of a science. He found it a skeleton and clothed it with life, colour and complexion. He embraced the cold statue and by his touch, it grew into youth, health and beauty." Jeremy Bentham , who had been a critic of the Commentaries when they were first published, credits Blackstone with having "taught jurisprudence to speak
1050-447: A trial as to liability. Usually, sociopathy and other personality disorders are not legally considered insanity. 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. This defense has two elements: Under New York law, for example: § 40.15 Mental disease or defect. In any prosecution for an offense, it
1120-408: Is an affirmative defence 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
1190-492: Is considered to be murder is defined by precedent case law or previous decisions of the courts of law. However, although the common law is by nature flexible and adaptable, in the interests both of certainty and of securing convictions, most common law jurisdictions have codified their criminal law and now have statutory definitions of murder. Although laws vary by country, there are circumstances of exclusion that are common in many legal systems. All jurisdictions require that
1260-479: Is daily practised by the crown,) there would soon be an end of all other rights and immunities. Some have thought that unjust attacks, even upon life or property, at the arbitrary will of the magistrate, are less dangerous to the commonwealth than such as are made upon the personal liberty of the subject. To bereave a man of life, or by violence to confiscate his estate, without accusation or trial, would be so gross and notorious an act of despotism, as must at once convey
1330-515: Is gained by the institution of friendly and social communities. Hence it follows, that the first and primary end of human laws is to maintain and regulate these absolute rights of individuals. That the King can do no wrong , is a necessary and fundamental principle of the English constitution. It is better that ten guilty persons escape than one innocent suffer. There is nothing which so generally strikes
1400-482: Is maintained; when differentiating between murder and manslaughter, the only relevant factor is the existence or not of premeditation (rather than the existence or not of mitigating or aggravated factors). Manslaughter (non-premeditated intentional killing) with aggravating factors is punished more severely, but it is not classified as murder, because murder is an offense which always requires premeditation. According to Blackstone, English common law identified murder as
1470-443: Is much valuable historical information in the Commentaries , later historians have tended to be somewhat critical of the uses Blackstone made of history . There is a lot of what would later be called " Whig history " in the Commentaries : the easy and contradictory assurance that England's current political settlement represented the optimal state of rational and just government, while claiming simultaneously that this optimal state
SECTION 20
#17328449175411540-518: Is subdivided into first-degree murder or otherwise. The modern English word "murder" descends from the Proto-Indo-European *mŕ̥-trom which meant "killing", a noun derived from *mer- "to die". 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
1610-426: 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. 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
1680-711: The Continental Army during the American Revolution . In 1765 Blackstone announced his resignation from the Vinerian Chair , effective after his 1766 lectures. These were divided into two 14-lecture series, on "private wrongs" and "public wrongs" delivered between 12 February and 24 April. At this point Blackstone had published nothing new since A Treatise on the Law of Descents in Fee Simple in 1759. The decision to resign
1750-563: The Ex Post Facto Clause of Article I of the United States Constitution . The potential effect of fully abolishing the rule can be seen in the case of 74-year-old William Barnes, charged with the murder of a Philadelphia police officer Walter T. Barclay Jr., who he had shot nearly 41 years previously. Barnes had served 16 years in prison for attempting to murder Barkley, but when the policeman died on August 19, 2007, this
1820-450: The Roman law , to the needs of a treatise. The Commentaries were influential largely because they were in fact readable, and because they met a need. As such, they were used in the training of American and British lawyers long after the death of Blackstone. The Commentaries are often quoted as the definitive pre- Revolutionary source of common law by United States courts . Opinions of
1890-601: 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. This holding has two implications. Firstly, a defendant in California can be convicted of murder for killing a fetus which the mother herself could have terminated without committing a crime. And secondly, as stated by Justice Stanley Mosk in his dissent, because women carrying nonviable fetuses may not be visibly pregnant, it may be possible for
1960-576: The Supreme Court of the United States quote from Blackstone's work whenever they wish to engage in historical discussion that goes back that far, or farther (for example, when discussing the intent of the Framers of the Constitution). The book was famously used as the key in Benedict Arnold 's book cipher , which he used to communicate secretly with his conspirator John André during their plot to betray
2030-468: The criminal code classifies murder as either first- or second-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. In the Netherlands , the traditional strict distinction between premeditated intentional killing (classed as murder, moord ) and non-premeditated intentional killing (manslaughter, doodslag )
2100-471: The royal prerogative ; the King's revenue; subordinate magistrates; the people (aliens, denizens, and natives); the rights of the clergy; the civil state; the military and maritime states; the relationship between master and servant (in modern-day terminology, employer and employee ), husband and wife, parent and child, guardian and ward ; and finally corporates. The Rights of Things, Blackstone's longest volume, deals with property . The vast majority of
2170-428: The 15-year minimum non-parole period that otherwise serves as a starting point for a murder committed by an adult. A legal doctrine in some common law jurisdictions broadens the crime of murder: when an offender kills in the commission of a dangerous crime, (regardless of intent), he or she is guilty of murder. The felony murder rule is often justified by its supporters as a means of preventing dangerous felonies, but
Killer - Misplaced Pages Continue
2240-462: The 16th edition of Stephen's Commentaries ; in 1922 under Edward Jenks most of the text was rewritten but the structure was realigned more closely to Blackstone's original. Of great importance to the public is the preservation of this personal liberty; for if once it were left in the power of any the highest magistrate to imprison arbitrarily whomever he or his officers thought proper, (as in France it
2310-526: The Colonies, and for many, they were the only reading. Blackstone's Whiggish but conservative vision of English law as a force to protect people, their liberty , and their property, had a deep impact on the ideologies that were cited in support of the American Revolution , and ultimately, the United States Constitution . Two decades after their publication, Blackstone's Commentaries were
2380-598: 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
2450-593: The Laws of England The Commentaries on the Laws of England (commonly, but informally known as Blackstone's Commentaries ) are an influential 18th-century treatise on the common law of England by Sir William Blackstone , originally published by the Clarendon Press at Oxford between 1765 and 1769. The work is divided into four volumes, on the rights of persons, the rights of things, of private wrongs and of public wrongs. The Commentaries were long regarded as
2520-468: The U.S. further distinguish third-degree murder , but they differ significantly in which kinds of murders they classify as second-degree versus third-degree. For example, Minnesota defines third-degree murder as depraved-heart murder , whereas Florida defines third-degree murder as felony murder (except when the underlying felony is specifically listed in the definition of first-degree murder). Some jurisdictions also distinguish premeditated murder. This
2590-513: The Uniform Penal Code, such as California, diminished capacity may be a defense. For example, Dan White used this defense to obtain a manslaughter conviction, instead of murder, in the assassination of Mayor George Moscone and Supervisor Harvey Milk . Afterward, California amended its penal code to provide "As a matter of public policy there shall be no defense of diminished capacity, diminished responsibility, or irresistible impulse in
2660-426: 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
2730-414: The United States, the common law tradition was being spread into frontier areas, but it was not feasible for lawyers and judges to carry around the large libraries that contained the common law precedents . The four volumes of Blackstone put the gist of that tradition in portable form. (A modern paperback printing of the four volumes total about 1500 pages. ) They were required reading for most lawyers in
2800-516: The alarm of tyranny throughout the whole kingdom; but confinement of the person, by secretly hurrying him to jail, where his sufferings are unknown or forgotten, is a less public, a less striking, and therefore a more dangerous engine of arbitrary government. [T]he principal aim of society is to protect individuals in the enjoyment of those absolute rights, which were vested in them by the immutable laws of nature, but which could not be preserved in peace without that mutual assistance and intercourse which
2870-440: The case of Ryan Holle shows it can be used very widely. The felony-murder reflects the versari in re illicita: the offender is objectively responsible for the event of the unintentional crime; in fact the figure of the civil law systems corresponding to felony murder is the preterintentional homicide (art. 222-7 French penal code, art. 584 Italian penal code, art. 227 German penal code etc.). Felony murder contrasts with
Killer - Misplaced Pages Continue
2940-422: The cause of death, breaking the chain of causation ; and also means that the responsible person does not have a charge of murder "hanging over their head indefinitely". Subject to any statute of limitations , the accused could still be charged with an offense reflecting the seriousness of the initial assault. With advances in modern medicine, most countries have abandoned a fixed time period and test causation on
3010-532: The criminal laws of England were just and merciful, despite becoming later known as the Bloody Code for their severity. He does however accept that "It is a melancholy truth, that among the variety of actions which men are daily liable to commit, no less than an hundred and sixty have been declared by Act of Parliament to be felonious without benefit of clergy ; or, in other words, to be worthy of instant death". Blackstone frequently resorted to assuring his reader that
3080-488: The effect of giving birth to the child or by reason of the effect of lactation consequent upon the birth of the child". Since independence, death sentences for murder in such cases had always been commuted ; 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
3150-467: 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
3220-468: The focus of a mocking polemic by Jeremy Bentham , called Fragment on Government . This dissection of Blackstone's first book made Bentham's name notorious, though it was originally published anonymously. In 1841–1845, Henry John Stephen published New Commentaries on the Laws of England (Partly Founded on Blackstone) , whose structure was modelled on Blackstone's work and which liberally quoted from it; much of Blackstone's text remained as late as 1914 in
3290-471: The full work would eventually bring in over £14,000. Owen Ruffhead described Volume I as "masterly", noting that "Mr Blackstone is perhaps the first who has treated the body of the law in a liberal, elegant and constitutional manner. A vein of good sense and moderation runs through every page". Every copy was sold within six months, and the second and third volumes, published in October 1766 and June 1768, received
3360-510: The imagination, and engages the affections of mankind, as the right of property ; or that sole and despotic dominion which one man claims and exercises over the external things of the world, in total exclusion of the right of any other individual in the universe. And yet there are very few, that will give themselves the trouble to consider the original and foundation of this right. Ralph Thomas in Notes & Queries , 4th Series, II August 8, 1868 gave
3430-510: The jurisdiction, distinguish murder from other forms of unlawful homicide , such as manslaughter . Manslaughter is killing committed in the absence of malice , 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. Most societies consider murder to be an extremely serious crime, and thus believe that
3500-418: The jurisdictions of the several courts, from the lowest to the highest. Almost as an afterthought, Blackstone also adds a brief chapter on equity , the parallel legal system that existed in English law at the time, seeking to address wrongs that the common law did not handle. Of Public Wrongs is Blackstone's treatise on criminal law . Here, Blackstone the apologist takes centre stage; he seeks to explain how
3570-436: The language of the scholar and the gentleman; put a polish upon that rugged science, cleansed her from the dust and cobwebs of the office and, if he has not enriched her with that precision which is drawn only from the sterling treasury of the sciences, has decked her out to advantage from the toilet of classical erudition, enlivened her with metaphors and allusions and sent her abroad in some measure to instruct." While there
SECTION 50
#17328449175413640-432: The laws as written were not always enforced, and that the King's power of pardon could be exercised to correct any hardships or injustices. Blackstone for the first time made the common law readable and understandable by non-lawyers. At first, his Commentaries were hotly contested, some seeing in them an evil or covert attempt to reduce or codify the common law which was anathema to common law purists. For decades,
3710-511: The leading work on the development of English law and played a role in the development of the American legal system. They were in fact the first methodical treatise on the common law suitable for a lay readership since at least the Middle Ages . The common law of England has relied on precedent more than statute and codifications and has been far less amenable than the civil law , developed from
3780-632: 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 offense. The jury might sympathize with the defendant (e.g. in a crime of passion , or in the case of a bullied victim who kills their tormentor), and the jury may wish to protect the defendant from a sentence of life imprisonment or execution. Some jurisdictions divide murder by degrees. The distinction between first- and second-degree murder exists, for example, in Canadian murder law and U.S. murder law . Some US states maintain
3850-475: The murder. Premeditated murder is one of the most serious forms of homicide, and is punished more severely than manslaughter or other types of homicide, often with a life sentence without the possibility of parole , or in some countries, the death penalty . In the U.S., federal law ( 18 U.S.C. § 1111(a) ) criminalizes premeditated murder, felony murder and second-degree murder committed under situations where federal jurisdiction applies. In Canada,
3920-462: The noun. Opponents of abortion consider abortion a form of murder, treating the foetus as a person. In some countries, a fetus is a legal person who can be murdered, and killing a pregnant person is considered a double homicide. 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 occurs when
3990-497: The offense of capital murder . 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, murders committed by acts such as strangulation , poisoning , or lying in wait are also treated as first-degree murder. A few states in
4060-498: The pain of the victim). After the last reform of the Spanish Criminal Code , in force since July 1, 2015, another circumstance that turns homicide ( homicidio ) into assassination is the desire to facilitate the commission of another crime or to prevent it from being discovered. As with most legal terms, the precise definition of murder varies between jurisdictions and is usually codified in some form of legislation. Even when
4130-488: 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." 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
4200-589: The principle of guilt, for which in England it was, at least formally, abolished in 1957, in Canada it was quashed by the Supreme Court, while in the USA it continues to survive. 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. This reflects the likelihood that if the victim dies, other factors will have contributed to
4270-588: The text is devoted to real property , this being the most valuable sort in the feudal law upon which the English law of land was founded. Property in chattels was already beginning to overshadow property in land, but its law lacked the complex feudal background of the common law of land, and was not dealt with nearly as extensively by Blackstone. Of Private Wrongs dealt with torts as they existed in Blackstone's time. The various methods of trial that existed at civil law were also dealt with in this volume, as were
SECTION 60
#17328449175414340-447: The underlying felony cannot be a lesser included offense such as assault, otherwise all criminal homicides would be murder as all are felonies. In Spanish criminal law, asesinato (literally 'assassination'): takes place when any of these requirements concur: Treachery (the use of means to avoid risk for the aggressor or to ensure that the crime goes unpunished), price or reward (financial gain) or viciousness (deliberately increasing
4410-447: The unfortunate accused, that the sentence will never be carried out." In Russia, murder of a newborn child by the mother has been a separate crime since 1996. For a killing to be considered murder in nine out of fifty states in the US, there normally needs to be an element of intent. A defendant may argue that they took precautions not to kill, that the death could not have been anticipated, or
4480-400: 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 or bacterium. California 's murder statute, penal code section 187 , expressly mentioned a fetus as being capable of being killed, and was interpreted by
4550-427: Was alleged to be from complications of the wounds suffered from the shooting – and Barnes was charged with his murder. He was acquitted on May 24, 2010. According to Peter Morrall, the motivations for murder fit into the following 4 categories: 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: Commentaries on
4620-399: Was an ideal that had always existed in the past, despite the many struggles in England's history between overreaching kings and wayward parliaments. But Blackstone's chief contribution was to create a succinct, readable, and above all handy epitome of the common law tradition. While useful in England, Blackstone's text answered an urgent need in the developing United States and Canada. In
4690-459: Was most likely due to the increasing demands of his legal practice and the reduced profit from the lectures, which, after peaking at £340 in 1762, dropped to £239 a year later and to £203 for the final round of lectures in 1765–66. In response, Blackstone decided to publish a new book – Commentaries on the Laws of England . The first volume was published in November 1765, bringing the author £1,600;
4760-576: Was produced in 1772; prior to this, over 1,000 copies had already been sold in the Thirteen Colonies . The Rights of Persons is the first volume in the four part series that is the Commentaries. Divided into 18 chapters, it is largely concerned with the rights of individuals; the rights of Parliament ; the rights and title of the King ; the royal family ; the councils belonging to the King; kingly duties;
4830-444: Was unavoidable. As a general rule, manslaughter constitutes reckless killing, but manslaughter also includes criminally negligent (i.e. grossly negligent) homicide. Unintentional killing that results from an involuntary action generally cannot constitute murder. After examining the evidence, a judge or jury (depending on the jurisdiction) would determine whether the killing was intentional or unintentional. In jurisdictions using
4900-560: Was wrong. Under the French Penal Code : Article 122-1 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. Postpartum depression (also known as post-natal depression) is recognized in some countries as a mitigating factor in cases of infanticide . According to Susan Friedman, "Two dozen nations have infanticide laws that decrease
#540459