Encyclopedia:
Murder,
Murder!,
Mass murder,
Murder in the Cathedral,
Anatomy of a Murder,
Art of murder,
Talk:Murder,
Murder, Inc.,
A Perfect Murder,
Ritual murder
murder is the illegal
killing of another. Perpetrators are usually subjected to either lengthy
imprisonment or the
death penalty in countries which allow
capital punishment. Legalized killing, such as
genocide, can also constitute murder if it violates
international law.
As with most legal terms, the precise definition varies between
jurisdictions. For example, in some parts of the
United States anyone who commits a
serious crime during which any person dies may be prosecuted for murder (see
felony murder). Many jurisdictions recognize a distinction between outright murder and
manslaughter.
Murder and related terms
The normal rule in
criminal law is that those accused of crime should be convicted of an offense only if they have committed the
actus reus (the
Latin for "guilty act") of an offense, accompanied by the necessary
mens rea (the Latin for "guilty mind") element.
Homicide is the act of one human killing another regardless of whether it was legal, intentional or premeditated.
Justifiable homicide is legal homicide.
Negligent homicide is the charge brought against persons who, by inaction, allow others under their care to die.
Culpable homicide or
manslaughter is unpremeditated criminal homicide. If the killer had intent but was provoked or had
diminished capacity he would be guilty of
voluntary manslaughter. If the death occurs due to some action that was reckless or
criminally negligent with no intention to kill or cause serious injury it is called
involuntary manslaughter. Murder may also sometimes be associated with "death".
Year-and-a-day rule
main|Year and a day
In some
common law jurisdictions, a
defendant is not guilty of murder if the victim lives for longer than
3 years and a day after the attack. This reflects the likelihood that, if the victim has survived so long after the initial attack, there will be other factors contributing to the cause of death and so break the chain of
causation. Subject to the local
statute of limitation, the accused can still be charged with an offense representing the seriousness of the initial
assault. But, with the advance of modern medicine, the majority of countries have abandoned a fixed time period and test causation on the facts.
Mitigating circumstances
Most 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 murder, if it can be proved that the killer was suffering from 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.
The defenses of
insanity or
mental disorder may apply to a wide range of disorders including
psychosis caused by
schizophrenia, and excuse the person from the need to undergo the stress of a trial as to liability. In some jurisdictions, following the pre-trial hearing to determine the extent of the disorder, the verdict "not guilty by reason of insanity" may be used. Some countries, such as
Canada,
Italy, the
United Kingdom and
Australia, allow
post-partum depression (post-natal depression) as a defense against murder of a child by a mother, provided that a child is less than a year old (this may be the specific offense of
infanticide rather than murder and include the effects of lactation and other aspects of post-natal care). 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.
Murder demographics
unreferenced||date=June
:
See also: List of countries by murder rate.Murder occurrences vary wildly among different countries and societies. In the
Western world, murder rates in most countries have declined significantly during the 20th century and are now between 1-4 cases per 100,000 people per year. Murder rates in
Japan and
Iceland are among the lowest in the world, around 0.5; the rate of the
United States is among the highest among all
developed countries, around 5.5 (2004,
http://www.fbi.gov/ucr/cius_04/offenses_reported/violent_crime/murder.html), with rates in major cities sometimes over 50 per 100,000
http://www.infoplease.com/ipa/A0004902.html.
Developing countries often have rates of 10-100 murders per 100,000 people per
Development of murder rates over time in different countries is often used by both supporters and opponents of
capital punishment and
gun control. Using properly filtered data, it is possible to make the case for or against either of these issues. For example, one could look at murder rates in the United States from 1950 to 2000
http://www.disastercenter.com/crime/uscrime.htm and notice that those rates went up sharply shortly after a
moratorium on death sentences was effectively imposed in the late 1960's. This fact has been used to argue that capital punishment serves as a deterrent and, as such, it is morally justified. Capital punishment opponents frequently counter that the United States has much higher murder rates than
Canada and
European Union countries, although all those countries have abolished the death penalty. A difficulty with this argument is that there may be many factors other than capital punishment causing the differences in murder rates between different countries. Gun control advocates further point out that, unlike the United States, many European countries disallow gun ownership by private citizens. Overall, the global pattern is too complex and, on average, the influence of both these factors may not be significant.
It is also often claimed that murder rates are correlated with overall wealth of the population (i.e. that murders happen more often in societies where a larger percentage of people lives below the poverty level). This claim is not supported by evidence. On the other hand, many researchers have observed significant correlation between murder rates and wealth distribution
inequality, as measured by
Gini coefficient.
In the Western world, nearly 90% of all murders are committed by males, with males also being the victims of 74.6% of murders (according the US Department of Justice). There is a sharp peak in the age distribution of murderers between the ages of 17 and 30. People become increasingly unlikely to commit a murder as they age. Incidents of children and adolescents committing murders are also extremely rare, nonwithstanding the strong media coverage such cases receive.
Murder demographics are affected by increasing medical technology: victims that might once have died can now be saved, leading to a lower murder rate but not affecting the overall rate of violent assault. Thus the demographics of murder are not necessarily a good indicator of overall societal violence.
Country-specific murder law
United Kingdom
see|murder in English
Recent statistics show that there were 859 homicides in
England and
Wales in one year (April 2004- March 2005,
http://www.crimestatistics.org.uk/tool/Default.asp?region=0&force=0&cdrp=0&l1=6&l2=1&l3=27&sub=0&v=24). This is low compared to the United States with 16,137 murders in 2004
http://www.fbi.gov/ucr/cius_04/offenses_reported/violent_crime/murder.html, however these are
numbers which do not take different population sizes into account: a better perspective can be gained by comparing murders per year to population (1.6 murders for every hundred thousand people in England and Wales, 5.5 in the USA, and 63 in Colombia -
http://www.nationmaster.com/graph-T/cri_mur_cap source). Because the newspaper coverage tends to focus on the more lurid or controversial cases (e.g.
Tony Martin), there is considerable public misunderstanding as to the actual law. The Law Commission Final Report on
Partial Defences to Murder (2004)
http://www.lawcom.gov.uk commissioned research to determine the extent of this misunderstanding and reported at 2.35:
:The notion that all murders, as the law is presently framed, represent instances of a uniquely heinous offence for which a single uniquely severe penalty is justified does not reflect the views of a cross section of the public when asked to reflect on particular cases
Although the sample was small, the research showed that the public accepts a range of culpability within the definition of murder and so rejects the idea of a single mandatory life sentence. For those interested, the Report also lists all the main European and common law definitions for homicide at 2.53/2.54.
In
English law, the definition of murder is:
:The killing of another person whether by act or
omission having the intention to kill (with "
malice aforethought").
Contrast this with the original definition by Sir Edward Coke in 1797 of:
Murder is when a man of sound memory, and of the age of discretion, unlawfully killeth within any country of the realm any reasonable creature in rerum natura under the King's peace, with malice aforethought, either expressed by the party or implied by law, so as the party wounded, or hurt, etc. die of the wound or hurt, etc. within a year and a day after the same.
Note that it is no longer necessary for the victim to die within a year and a day of the offence.
Specific statutory instances of situations where death is caused are:
*
Infanticide - Under s1 Infanticide Act 1938, the intentional killing of an infant under 1-year-old by a mother suffering from post-natal depression or other post-natal disturbance represents an early form of
diminished responsibility defence and needs reform to bring it into line with modern medical understanding, and
*Causing
death by dangerous driving (of a motor vehicle) was introduced because
jurors, many of whom were drivers, thought the charge of manslaughter to carry too great a level of stigma for the degree of fault actually shown by some drivers and refused to convict when the charge was manslaughter. Now
motor manslaughter is considered an acceptable charge for the more seriously dangerous examples of driving resulting in death, with
aggravated TWOC for the least seriously dangerous driving resulting in death.
The aggravated form of criminal damage, including
arson, under s1(2)
Criminal Damage Act 1971 could be the anticipatory offence rather than a charge of
attempted murder.
Any other killing would be considered either
manslaughter in English law or an accident.
*Voluntary manslaughter is murder mitigated to manslaughter by virtue of the statutory defences under the
Homicide Act 1957, namely
provocation,
diminished responsibility or
suicide pact.
*Involuntary manslaughter is the killing of another person whether by act or omission either while committing an unlawful act (known as
constructive manslaughter) or by gross negligence.
English Law also allows for
transferred malice. For example, where a man fires a gun with the intent to kill person A but the shot misses and kills an otherwise unconnected person B, the intent to kill transfers from person A to person B and a charge of murder would stand. The accused could also be charged with the
attempted murder of A.
As to
mens rea, the model direction to be given to juries for
Intention in English law following
R v. Woollin http://www.parliament.the-stationery-office.co.uk/pa/ld199798/ldjudgmt/jd980722/wool.htm, is a modified version of that proposed by Lord Lane, C.J. in
R v Nedrick 1986 1 WLR 1025, namely:
:Where the charge is murder and in the rare cases where the simple direction is not enough, the jury should be directed that they are not entitled to infer the necessary intention, unless they feel sure that death or serious bodily harm was a virtual certainty (barring some unforeseen intervention) as a result of the defendant's actions and that the
defendant appreciated that such was the case, the decision being for the jury to decide on a consideration of all the evidence.
The defences of
duress and
necessity in English law are excluded from murder cases. An exception is
Re A 2000, a case involving a pair of conjoined twins. However, the judge noted the old legal adage that 'hard cases make bad law' and recommended that the precedent should not be followed.
Comparatively recent adaptations to the English law of murder include the abolition of the "year and a day rule", and the proposed introduction of a less restrictive regime for
corporate manslaughter. The Law Commission Consultation Paper No. 177 also advocates a redefinition of murder and a limitation of the scope of manslaughter
http://www.lawcom.gov.uk/docs/cp177_web.pdfseealso|Scots law#Criminal
Canada
In 2004 the homicide rate in
Canada was 2.0 per 100 000 people or approximately 650 homicides per year
http://www40.statcan.ca/l01/cst01/legal02.htm. The rate has remained close to stable for the past 10 years. This is equivalent to numbers in most of the western world, except the U.S. which has triple the number per capita. The main methods of murder in Canada are shootings (30%), stabbings (30%), and beatings (22%).
There are four types of crime, as defined in the
Canadian Criminal Code, that can be considered murder:
* first degree murder - the intentional killing of another person (1) with premeditation, (2) in the furtherance of another serious criminal offense (kidnapping, robbery, etc.), or (3) where the victim is an identified
peace officer* second degree murder - the intentional killing of another person without premeditation (i.e. killing in the heat of the moment). Formerly, certain types of killings were also deemed to be murder, regardless of lack of intent (eg. where death was caused in the course of committing of a serious crime, such as sexual assault). However, these so-called "constructive" murder provisions have, by and large, been repealed or struck down on constitutional grounds.
* manslaughter - the killing of another person where there is no intent to kill
* infanticide - the killing of an infant while still recovering from the birth
The maximum penalties for murder are:
* first degree murder - mandatory life imprisonment without the possibility of parole for 25 years (can be paroled under the
Faint-Hope Clause after 15 years imprisonment, but such a reduction is rarely given and is not available for multiple murders)
* second degree murder - mandatory life imprisonment without the possibility of parole for 10-25 years (parole eligibility determined by the judge at sentencing) (exception: if the person had committed another murder in their past, parole eligibility is 25 years)
* manslaughter - maximum life imprisonment; if firearm was used to commit the offence, the minimum penalty is 4 years' imprisonment
* infanticide - maximum 5 years imprisonment
* There is a clause where persons convicted of multiple murder, and deemed unable for rehabilitation, to be declared a 'dangerous offender' upon examination of doctors and psychiatrists (usually for sexually related murder). Persons declared as dangerous offenders have an undetermined prison sentence, although it usually means an increase of 10 years (possibly to 35 or more years).
For every murder in Canada there are about 1.5 attempted murders. Attempted murder carries the same consequences as murder itself; it is the intent, not the result, that determines the sentence.
About one in three Canadian murders are committed by a family member. One in eight is gang related. About 80% of murderers in Canada are caught within a year.
Nearly 99% of murderers in Canada are Canadian.
The United States
In the
United States, the principle of
dual sovereignty applies to homicide, as to other crimes. If murder is committed within the borders of a
state, that state has jurisdiction. If the victim is a
federal official, an
ambassador,
consul or other foreign official under the protection of the United States, or if the crime took place on federal property or involved crossing state borders, or in a manner that substantially affects
interstate commerce or
national security, then the Federal Government also has jurisdiction. If a crime is not committed within any state, then Federal jurisdiction is exclusive: examples include the
District of Columbia,
naval or US-flagged
merchant vessels in
international waters, or a U.S. military base. In cases where a murder involves both state and federal jurisdiction, the offender can be tried and punished separately for each crime without raising issues of
double jeopardy.
Modern codifications tend to create a genus of offenses, known collectively as
homicide, of which
murder is the most serious species, followed by
manslaughter which is less serious, and ending finally in
justifiable homicide, which is not a crime at all. Because there are 51 jurisdictions, each with its own criminal code, this section treats only the crime of murder, and does not deal with state-by-state specifics.
At base, murder consists of an intentional unlawful act with a design to kill and fatal consequences. Generally, an intention to cause great bodily harm is considered indistinguishable from an intention to kill, as is an act so inherently dangerous that any reasonable person would realize the likelihood of fatality. Thus, if the defendant hurled the victim from a bridge, it is no defense to argue that harm was not contemplated, or that the defendant hoped only to break bones.
The intent to commit murder is often called
malice aforethought, and can be inferred when the defendant commits an act that shows depraved indifference to human life, or (in federal court and those states that apply the
felony murder rule) whenever a victim is killed during the commission of another felony, whether or not the defendant intended the killing, or even committed the fatal act. In this case, the intention to place the victim in great bodily harm is inferred from the defendant's intent to commit the felony. Some states also require the underlying felony to be an 'inherently' dangerous one.
Degrees of murder
Before the famous case of
Furman v. Georgia in 1972, most states distinguished two degrees of murder. While the rules differed by state, a reasonably common scheme was that of
Pennsylvania, passed in
1794: "Murder which shall be perpetrated by means of poison, or by lying in wait, or by any other kind of wilful, deliberate, and premeditated killing, or which shall be committed in the perpetration or attempt to perpetrate, any arson, rape, robbery, or burglary, shall be deemed murder of the first degree; and all other kinds of murder shall be deemed murder of the second degree."
http://www.lectlaw.com/def2/m150.htm "Murder one", as the term was popularized by
novels and
television, carried a penalty of death, or life in prison, while the penalty for "murder two" was generally around 20 years in prison. After the Supreme Court placed new requirements on the imposition of the
death penalty, most states adopted one of two schemes. In both, third degree murder became the catch-all, while first degree murder was split. The difference was whether some or all first degree murders should be eligible for the most serious penalty (generally death, but sometimes life in prison without the possibility of parole.).
*The first scheme, used by
Pennsylvania among other states:
:#First Degree Murder: All premeditated murders, and (in some states) murders involving certain especially dangerous felonies, such as arson or rape, or committed by an inmate serving a life sentence.
:#Second Degree Murder: Any felony murder not a first degree murder.
:#Third Degree Murder: All other murder.
*The second scheme, used by
New York among other states, as well as the
Model Penal Code:
:#First Degree Murder: Murder involving special circumstances, such as murder of a police officer, judge, fireman or witness to a crime; multiple murders; and torture or especially heinous murders. Note that a "regular" premeditated murder, absent such special circumstances, is not a first-degree murder; murders by poison or "lying in wait" are not per se first-degree murders.
:#Second Degree Murder: Any premeditated murder or felony murder that does not involve special circumstances.
Some states, such as
California, simply preserved the old distinction between two degrees and have no offense called third degree murder. They simply have "first-degree murder" (leading to life in prison) and "first-degree murder with special circumstances" (leading to death), while second-degree murder continues to be the default category.
Other states use the term "capital murder" for those offenses that merit death, and the term is often used even in states whose statutes do not include the term. As of
2006, 38 states and the federal government have laws allowing capital punishment for certain murders and related crimes (such as
treason and
terrorism). The penalty is rarely asked for and more rarely imposed, but it has generated tremendous public debate. See also
capital punishment and
capital punishment in the United States.
Murder of a fetus
Under the
common law, if an assault on a pregnant woman resulted in a
stillbirth, it was not considered murder; the child had to have breathed at least once to be murdered. Remedies were limited to criminal penalties for the assault on the woman, and a
tort action for loss of the economic services of the eventual child and/or emotional pain and suffering. With the widespread adoption of laws against
abortion, the assailant could of course be charged with that offense, but the penalty was often only a fine and a few days in jail.
When the
Supreme Court greatly restricted laws prohibiting abortions in its famous
Roe v. Wade decision (
1973) even those sanctions became harder to use. This, among other factors, meant that a more brutal attack, ensuring that the baby died without breathing, would result in a lesser charge. Various states passed "fetal homicide" laws, making killing of an unborn child murder; the laws differ about the stage of development at which the child is protected. After several well-publicized cases,
Congress passed the
Unborn Victims of Violence Act, which specifically criminalizes harming a fetus, with the same penalties as for a similar attack upon a person, when the attack would be a federal offense. Most such attacks fall under state laws; for instance, although this law often called "Laci and Conner's Law",
Scott Peterson was convicted of murdering his unborn son as well as his wife under Californian pre-existing fetal homicide law.
Germany
In
Germany the term
Mord (murder) is officially used for the premeditated killing of another person, as it can be read in § 211 of the German criminal law,
Strafgesetzbuch (StGB):
# for pleasure, satisfaction of the
sex drive,
greed or other "low motives",
# insidiously (an unsuspecting victim) or cruelly, by means dangerous to the public (for example with a bomb),
# to cover up or facilitate another
criminal offense.
A killing which is not a murder may be either
Totschlag (manslaughter) according to § 212 StGB or
fahrlässige Tötung (negligent homicide or killing by carelessness) within the scope of § 222 StGB. Also, if the death is not a foreseeable consequence of an intended or not intended act of violence, it might be classified as
Körperverletzung mit Todesfolge (injury resulting in death). If the victim
earnestly wanted to be killed (for example, when suffering an incurable disease) the crime would be
Tötung auf Verlangen (killing on demand, § 216 StGB) which would result in 6 months to 5 years in prison (usually suspended) – basically, mercy killing. In 2002, there was a cannibal case in which the offender claimed that the victim wanted to be killed. The court convicted him of manslaughter. Both prosecution and defense appealed, the prosecution in order to reach a guilty of murder verdict, the defense in order to reduce the charge to killing on demand. He was eventually convicted of murder. (For more details see
Armin Meiwes)
The
penalty for
Mord is lifelong imprisonment, which is usually suspended after 17-18 years (15 years minimum) on a probation of 5 years or if the court decided on a special gravity (
Feststellung der besonderen Schwere der Schuld), the sentence can only be suspended much later, earliest after 18 years but usually after 22-23 years (the law states that a suspension after 15 years is not possible for "special gravity" crimes, but provides no explicit minimum served time). The penalty for
Totschlag is five to fifteen years in prison, up to life in prison (15 years served minimum) in especially grave cases and one to ten years for lesser cases ("minderschwerer Fall", § 213)
Before 1949 some cases of murder in Germany mandated capital punishment. Howeve, due to the
Nazi mass murders and unsolicidated death sentences
Death penalty was abolished in Germany in 1949 when the
Grundgesetz, Germany's current
constitution came into use.
Romania
In
Romania as of
2005 there were reported
http://www.politiaromana.ro/date_statistice_2005.htm 453 homicide cases, and
http://www.politiaromana.ro/statistici_2002_2005.htm 231 as of June
2006.
According to the
Romanian
Penal Code, a person can face a penalty ranging from 10 to 25 years or life imprisonment for murder. (There are also mandatory restrictions of some constitutional rights for all types of murder.)
Degrees of murder:
*
Murder (
10 to
20 years)
Killing a person when no aggravating circumstances apply.
*
Qualified murder (
15 to
25 years)
Aggravating circumstances:
a)with premeditation
b)concerning a material interest
c) against spouse or close relative
d)taking advantage of victim's impossiblity of self-defence
e) when putting in danger the lives of multiple persons
f)concerning job attributions of the victim
g)for facilitating or hiding another crime
h)in public
*
Extremely grave murder (
15 to
25 years or
life imprisonment)
Aggravating circumstances:
a)committed in a cruel way
b)against two or more persons
c)by a person who had already committed a murder
d)in order to hide a robbery
e)against a pregnant woman
f)against a policeman, gendarme, magistrate or soldier (in connection with their public duties)
*
Negligent or accidental murder (
1 to
5 years in simple form)
Aggravating circumstances:
a)caused by a professional in connection with his job for not respecting the legal dispositions (
2 to 7 years)
b) by a vehicle driver with blood alcohol concentration (BAC) above legal limits or in a drunk state (
5 to
15 years)
c)by a professional in a drunk state - in connection with his job duties (
5 to
15 years)
e)when causing the death of two or more persons (
5 to
15 years)
*
Infanticide (
2 to
7 years)
Switzerland
unreferencedsect|date=June
In
Switzerland murder (
Mordes) is also used for the premeditated killing of another person, but only if the motives are cruel, disgusting or show an overall disrespect of human life. Penalty ranges from several years to life in prison.
Furthermore, homicide is considered murder if it is cruel and/or unusual, done so using explosives or arson, or if it is done to satisfy perverse lusts.
Any homicide not meeting these standards is considered to be a killing (
Tötung), and the penalty is not as heavy. Most homicides in Switzerland are considered killings, with the penalty ranging from 5 to 2000 years.
The Swiss equivalent for manslaughter is
Totschlag. Killers are sentenced for Totschlag when they committed the crime in a very, and especially excusable, state of excitement (a "Crime of passion"). For example, a wife who's been mistreated by her husband for years, and kills him in a fit of rage, would be sentenced for Totschlag. The penalty is one to five years in prison.
There are many other privileged variants of killing, similar to manslaughter, such as killing on demand of the "victim" or assisted suicide, in which case the punishment is considerably lower.
The Netherlands
By
Dutch law, murder (
moord) is punishable by a maximum sentence of
life imprisonment, which is the longest prison sentence the law allows. A common misconception is that the maximum sentence is 30 years (20 until 2006): this is the longest sentence that can be imposed other than life imprisonment. However, a life sentence is only imposed under special circumstances, such as multiple murders or prior convictions. The average sentence is 12 to 15 . In addition to a prison sentence, the judge may sentence the suspect to
TBS, or 'terbeschikkingstelling', meaning
detention in a psychiatric institution, sometimes including forced treatment. TBS is imposed for a number of years (most often in relation to the severity of the crime) and thereafter prolonged if deemed necessary by a committee of psychiatrists. This can be done indefinitely, and has therefore been criticized as being a life sentence in disguise. Voluntary manslaughter (
doodslag) is punishable by a prison sentence of up to 15 years, or life imprisonment when committed during the commission of a crime or as an act of terrorism. Involuntary manslaughter (
dood door schuld) is punishable by a prison sentence of up to two years. If involuntary manslaughter is caused by recklessness, the maximum sentence that can be imposed is four years.
The Netherlands is consider to be a safe, well organized country, with rarely very offending cases. Below is a outline of the number of murders and manslaughters that took place in the Netherlands during the periode 1992 - 2001. The Netherlands has a little over 16 million citizens. The chance you will be a victim of murder or manslaughter is 0,000015 % although this is a raw average were some factors are extremely influential on that figure (gender, age, circumstances & location).
You are most likely to be killed by your
ex-partner, or during a quarrel (almost forty percent of the murders). Seventy-one percent of the victims are male, and more than 90 % of the offenders are male. Almost 50 % of the killings take place in a residence. The highest risk of being a victim of murder or manslaughter is reached within the age domain 15-25. After 25 the change slowly starts to descend until it reaches a change five times lower at the age of 65 and up. All these facts are obtained from the report written by the Dutch CBS, Central Bureau of Statistics. Called
Moord en doodslag in Nederland, 1992–2001.
It can be download from their site.
http://www.cbs.nl/en-GB/default.htmThe presented facts are only relevant to the named period of time. Nowadays it can be different.
----
Murder and Manslaught in The Netherlands between 1992 - 2001
{|
|- bgcolor="#eeeeee"
|
Year ||
Murders ||
Victims ||
Victims per 100,000|- align="center" bgcolor="#eeeeee"
| 1992 || 248 || 262 || 1.73
|- align="center" bgcolor="#eeeeee"
| 1993 || 258 || 273 || 1.79
|- align="center" bgcolor="#eeeeee"
| 1994 || 230 || 241 || 1.58
|- align="center" bgcolor="#eeeeee"
| 1995 || 269 || 281 || 1.83
|- align="center" bgcolor="#eeeeee"
| 1996 || 241 || 255 || 1.65
|- align="center" bgcolor="#eeeeee"
| 1997 || 259 || 283 || 1.81
|- align="center" bgcolor="#eeeeee"
| 1998 || 215 || 238 || 1.51
|- align="center" bgcolor="#eeeeee"
| 1999 || 225 || 236 || 1.50
|- align="center" bgcolor="#eeeeee"
| 2000 || 209 || 225 || 1.42
|- align="center" bgcolor="#eeeeee"
| 2001 || 235 || 253 || 1.59
|}
Source: Databank Murder and Homicide - NSCR.
----
Finland
unreferencedsect|date=June
Finnish law calls the crime of causing the death of another human being "manslaughter" (
tappo). The minimum sentence is eight years of imprisonment. Attempt is punishable. The crime of murder (
murha) is defined as a manslaughter:
*with a firm intent (i.e. it is planned), or
*done in an especially brutal or cruel way, or
*while endangering public safety severely, or
*of a public official keeping the law and order or because of an official act. (The definition of public official includes civil servants on all levels of national and municipal government, military persons, foreign and international officials legally in performance of their duties in Finland, and persons carrying out public offices.)
In jurisprudence, the comparison of an actual crime against "especially brutal or cruel way"-standard has been understood to mean comparison to "usual" homicide cases. In recent cases, the Finnish Supreme Court has not considered a single axe stroke on the head, or strangulation to be "especially brutal or cruel". On the other hand, causing death by jumping on a person's chest and head and firing over 10 times upon a person's torso have been considered to fulfill the standard.
The only sentence for murder is life in prison. Until 2006, this meant an actual life sentence which could be pardoned only by the president. However, the presidents have since 1960's regularly given pardon to practically all offenders after a time of 12-15 years. In 2006, the legislation was changed so that all life sentences are reviewed by an appellate court after they have been executed for 12 years. If the convict is still deemed a danger to society, his case will be reviewed every two years after this. Involuntary confinement to a psychiatric institution may also result, sometimes after the sentence is served. The involuntary treatment ends when the psychiatrist decides so, or when a court decrees it no longer necessary in a periodical review.
There is also the crime of "death" (
surma), which is a "manslaughter" under mitigating circumstances, with the punishment of four to ten years.
Involuntary manslaughter (
kuolemantuottamus) has a maximum punishment of two years of imprisonment or fine (see
day fine). Infanticide carries a punishment of at least four months and at most four years in prison.
Finland is the most violent nation in Western Europe according to several recent studies. The most likely way to get "manslaughtered" in Finland is to get stabbed or severely beaten by an intoxicated male person. Also, guns such as rifles and shotguns have traditionally been more usual in Finland than in most of Europe due to the popularity of hunting. There are over a million registered guns and firearms in private ownership in Finland while the country's entire population is only a little over five million.
Israel
Israel had 173 murders in 2004, compared to 147 murders in 2000
http://www1.cbs.gov.il/shnaton56/st11_07.pdf.
There are five types of homicide in Israel:
#
Murder. The premeditated killing of a person, or the intentional killing of a person whilst committing, preparing for, or escaping from any crime, is murder. The mandatory punishment for this crime is life imprisonment. Life is usually commuted (clemency from the President) to 30 years from which a third can be deducted by the parole board for good behaviour. Arab Militants are not usually granted pardons or parole other than as part of deals with arab militant organizations or foreign governments and in exchange for captured Israelis (or their bodies).
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Reduced sentence murder. If the murderer did not fully understand his actions because of mental defect (but not legal insanity or imbecility), or in circumstances close to self-defence, necessity or duress or where the murderer suffered from serious mental distress because of long-term abuse, the court can give a sentence of less than life.
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Manslaughter. The deliberate killing of a person without premeditation (or the other circumstances of murder) is manslaughter for which the maximum sentence is 20 years.
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Negligent killing or
vehicular killing. Maximum sentence is 3 years (minimum of 11 months for the driver).
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Infanticide A mother kills her baby of less than 12 months and could show she was suffering from the effects of the birth or breast-feeding. Maximum sentence is 5 years.
Vikings (8th to 11th centuries)
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The
Viking culture had a very different concept of murder. If a person killed someone, then it was up to the murderer to pay the family fair compensation (
weregild) for the labor lost by the member's death. If the perpetrator refused to pay weregild, it was up to the family of the slain to extract it from the perpetrator, or take his life. In
Nordic countries, the payment of weregild was used in homicide cases until the 16th century.
The only other type of killing with consequences in Viking culture was "unjust killing", i.e. killing someone while they were sleeping or had their back to the killer. While the financial implications of unjust killing were no more severe, the killer in question suffered from a tremendous loss of trust and could be declared an
outlaw.
Other usages involving the word
:
For other uses of the word "murder" see Murder (disambiguation).The word "murder" is sometimes used
colloquially to mean some forms of mistreatment, e.g. a bad singer "murdering" a song, or describing something difficult to handle as "absolute murder". Sometimes
sports announcers make comments like "That team is getting murdered out there!" or "The home team was murdered tonight". Murder is also used in the sense of desiring something greatly, e.g. "I could murder a cup of tea". A
murder is also the name given to a flock of crows (see
collective nouns for birds).
In the U.S.
187 is a slang term for murder, and it sometimes appears in
popular culture. The number refers to section 187 of the
California Penal Code which covers murder.
Documentary films
*
Blind Spot: Murder by Women, A film by Irving Saraf, Allie Light and Julia Hilder, 2000
*
Aileen: Life and Death of a Serial Killer, Director:
Nick Broomfield, 2003
References
*
http://www.publications.parliament.uk/pa/ld199798/ldjudgmt/jd970724/gneral01.htm Lord Mustill on the Common Law concerning murder*
Sir Edward Coke Co. Inst., Pt. III, ch.7, p. 50
See also
*
-cide*
Assassination*
Child murder*
Combination of murder and suicide*
Cult homicides*
Deicide*
Democide*
Execution-style murder*
Felony murder*
Femicide*
Filicide*
Fratricide*
Genocide*
Homicide*
Homocide*
Human sacrifice*
Infanticide*
Killology*
List of massacres*
List of murdered people*
List of unsolved murders and deaths*
Lust murder*
Mass murder*
Manslaughter*
Matricide*
Patricide*
Proxy murder*
Regicide*
Serial killer*
Spree killer*
Suicide*
Thrill killing*
Torture murderExternal links
*
http://www.cdc.gov/nchs/products/pubs/pubd/other/atlas/atlas.htm U.S. Centers for Disease Control "Atlas of United States Mortality"*
http://www.liverpoolmuseums.org.uk/picture-of-month/furtherReading.asp?id=141&venue=2 Cezanne's depiction of 'The Murder'*
http://www.unesco.org/shs/human_rights/hrfv.htm 1986 Seville Statement on Violence*
http://www.culture-of-peace.info/ssov-intro.html Introduction and Updated Information on the Seville Statement on Violence*
http://www.mvfr.org Murder Victims Families for Reconciliation, Inc. - An Anti-Capital Punishment Group
*
http://crime.data360.org/graph_group.aspx?Graph_Group_Id=419 Homicide rate by countryMurderCategory:Criminal lawCategory:Causes of deathCategory:Criminology topicscs:Vraždada:Mordde:Mordeo:Murdofa:قتلfr:Homicideid:Pembunuhanit:Omicidiohe:רצחnl:Moordja:殺人no:Drappl:Morderstwopt:Homicídiosimple:Murderfi:Murhasv:Mordzh:謀殺