Murder

What is Murder?

Murder is the unlawful killing of another human being without justification or valid excuse, committed with the necessary intention. It’s a serious crime that most societies consider extremely grave and deserving of harsh punishments.

The State of Mind

Does the state of mind really matter when it comes to murder? In many legal systems, the state of mind can distinguish murder from other forms of unlawful homicide such as manslaughter or involuntary manslaughter. The key difference lies in the presence of malice aforethought.

Malice Aforethought: The Heart of Murder

The modern English word ‘murder’ descends from Proto-Indo-European *mŕ̥-trom, which meant ‘killing.’ In legal terms, the four states of mind recognized as constituting ‘malice’ are:

• Intent to kill: This is often referred to as the deadly weapon rule.
• Abandoned and malignant heart: This involves a reckless indifference to human life and disregard for risk.
• Felony-murder doctrine: This applies when a felony committed must be inherently dangerous (e.g., burglary, rape).
• Treachery, price or reward, or viciousness in Spanish criminal law.

Legal Definitions and Degrees of Murder

Murder varies between jurisdictions. In the United States, it is usually codified in legislation with first-degree being aggravated and second-degree common law murder. Aggravating factors include specific intent to kill, premeditation, or deliberation.

First- vs Second-Degree Murder

In Canada, the criminal code classifies murder as either first- or second-degree. In the Netherlands, there is a strict distinction between premeditated intentional killing (murder) and non-premeditated intentional killing (manslaughter).

Common Law vs Statutory Definitions

Do all jurisdictions follow common law definitions of murder? Some still do, but others have moved to statutory definitions. The elements of common law murder are: unlawful killing by an act or omission of a human being with malice aforethought.

Mitigating and Aggravating Circumstances

Murder is not always straightforward. There can be mitigating circumstances, such as conditions affecting the balance of the mind like depression or post-traumatic stress disorder. Mental disorders may excuse a person from undergoing the stress of a trial if they had a serious mental illness or defect at the time of the killing.

Postpartum Depression and Infanticide

In some countries, postpartum depression is recognized as a mitigating factor in cases of infanticide. In the US, mentally ill mothers may plead not guilty by reason of insanity. Diminished capacity can result in a manslaughter conviction instead of murder.

Aggravating Circumstances

Aggravating circumstances can lead to harsher punishment for murder, including premeditation, poisoning, lying in wait, and multiple murders committed during the same scheme. Murder committed for political reasons or to conceal another crime is also considered aggravated.

Murder for Material Gain

Is there a difference between killing for material gain and other forms of murder? Yes, there are specific legal definitions and consequences for such acts. The felony murder rule can apply in cases where the death occurs during the commission of a dangerous crime.

Risk Factors for Murder

Murder is influenced by various risk factors, including high testosterone levels, low serotonin levels, alterations in glucose breakdown, alcohol consumption, environmental pollutants, malnutrition, certain personality disorders, and poverty. These factors can contribute to the likelihood of a person committing murder.

Religious Attitudes on Murder

How do religious beliefs impact attitudes towards murder? In Judaism and Christianity, killing is prohibited as one of the Ten Commandments given by God to Moses. In Islam, killing a human being who has committed no fault is considered a great sin.

Historical Perspectives on Murder

Murder rates have varied over time and by region. Historically, various cultures and societies have practiced honor killings, including the Thuggee cult in India, the Aztecs, Japanese samurai, and Corsicans. Southern slave codes made willful killing of a slave illegal, while Arthur Hodge was hanged for murdering his slaves.

Global Murder Rates

The World Health Organization reports that 520,000 people were murdered globally in 2000. The US has a relatively high rate, around 4.5 per 100,000 people per year, with some cities experiencing rates over 40 per 100,000.

Top Ten Countries with the Highest Murder Rates

The top ten countries with the highest murder rates are Honduras, El Salvador, Ivory Coast, Venezuela, Belize, Jamaica, US Virgin Islands, Guatemala, Saint Kitts and Nevis, and Zambia. Brazil experienced a record 52,260 murders in 2023.

Conclusion

Murder is a complex issue with deep-rooted historical, cultural, and legal implications. Understanding its various forms, risk factors, and global trends can help us address this serious crime more effectively. By examining the nuances of murder, we can work towards reducing its occurrence in society.