Death threat

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A threatening note that was left in the mailbox of Holyoke, Massachusetts Mayor Edwin A. Seibel in 1955. Death threat to Mayor Edwin Seibel of Holyoke, Massachusetts (August 19, 1955).svg
A threatening note that was left in the mailbox of Holyoke, Massachusetts Mayor Edwin A. Seibel in 1955.

A death threat is a threat, often made anonymously, by one person or a group of people to kill another person or group of people. These threats are often designed to intimidate victims in order to manipulate their behaviour, in which case a death threat could be a form of coercion. For example, a death threat could be used to dissuade a public figure from pursuing a criminal investigation or an advocacy campaign.

Contents

Legality

In most jurisdictions, death threats are a serious type of criminal offence. Death threats are often covered by coercion statutes. For instance, the coercion statute in Alaska says:

A person commits the crime of coercion if the person compels another to engage in conduct from which there is a legal right to abstain or abstain from conduct in which there is a legal right to engage, by means of instilling in the person who is compelled a fear that, if the demand is not complied with, the person who makes the demand or another may inflict physical injury on anyone.... [1]

In the United States, some judges during a legal proceeding make death threats stating they hope the defendant will die in prison. [2] An American judge was also removed from their positions due to making death threats towards children while off the bench. [3]

Methods

A death threat can be communicated via a wide range of media, among these letters, newspaper publications, telephone calls, internet blogs, [4] e-mail, and social media. If the threat is made against a political figure, it can also be considered treason. If a threat targets a location that is frequented by people (e.g. a building), it could be a terrorist threat. Sometimes, death threats are part of a wider campaign of abuse targeting a person or a group of people (see terrorism, mass murder).

Against a head of state

In many governments, including monarchies and republics of all levels of political freedom, threatening to kill the head of state or head of government (such as the sovereign, president, or prime minister) is considered a crime. Punishments for such threats vary. United States law provides for up to five years in prison for threatening any government official, especially the president. [5] In the United Kingdom, under the Treason Felony Act 1848, it is illegal to attempt to kill or deprive the monarch of their throne; this offense was originally punished with penal transportation, and then was changed to the death penalty, and currently the penalty is life imprisonment.

Osman warning

Named after a high-profile case, Osman v United Kingdom , Osman warnings (also letters or notices) are warnings of a death threat or high risk of murder issued by British police or legal authorities to the possible victim. They are used when there is intelligence of the threat, but there is not enough evidence to justify the police arresting the potential murderer. [6]

See also

Related Research Articles

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In jurisprudence, duress or coercion refers to a situation whereby a person performs an act as a result of violence, threat, or other pressure against the person. Black's Law Dictionary defines duress as "any unlawful threat or coercion used... to induce another to act [or not act] in a manner [they] otherwise would not [or would]". Duress is pressure exerted upon a person to coerce that person to perform an act they ordinarily would not perform. The notion of duress must be distinguished both from undue influence in the civil law. In criminal law, duress and necessity are different defenses.

<span class="mw-page-title-main">Capital punishment in the United Kingdom</span> History of the death penalty in the UK

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<span class="mw-page-title-main">Acquittal</span> The legal result of a "not guilty" verdict

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<span class="mw-page-title-main">Treason Act 1351</span> United Kingdom legislation

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Capital murder refers to a category of murder in some parts of the US for which the perpetrator is eligible for the death penalty. In its original sense, capital murder was a statutory offence of aggravated murder in Great Britain, Northern Ireland, and the Republic of Ireland, which was later adopted as a legal provision to define certain forms of aggravated murder in the United States. Some jurisdictions that provide for death as a possible punishment for murder, such as California, do not have a specific statute creating or defining a crime known as capital murder; instead, death is one of the possible sentences for certain kinds of murder. In these cases, "capital murder" is not a phrase used in the legal system but may still be used by others such as the media.

<span class="mw-page-title-main">Capital punishment in Texas</span>

Capital punishment is a legal penalty in the U.S. state of Texas for murder, and participation in a felony resulting in death if committed by an individual who has attained or is over the age of 18.

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<span class="mw-page-title-main">Threat</span> Indication of intent of harm

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<span class="mw-page-title-main">Capital punishment in Ireland</span>

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Capital punishment in Delaware was formally abolished in 2024, however it has not been enforced after Delaware’s capital punishment statues were declared unconstitutional by the Delaware Supreme Court on August 2, 2016. The ruling retroactively applies to earlier death sentences, and remaining Delaware death row inmates had their sentences commuted to life imprisonment. The capital statute for first-degree murder under Title 11, Chapter 42, Section 09, of the Delaware Code was fully repealed on September 26, 2024.

Capital punishment in Malawi is a legal punishment for certain crimes. The country abolished the death penalty following a Malawian Supreme Court ruling in 2021, but it was soon reinstated. However, the country is currently under a death penalty moratorium, which has been in place since the latest execution in 1992.

References

  1. "Sec. 11.41.530. Coercion. – The Alaska Legal Resource Center". www.touchngo.com.
  2. https://www.cbsnews.com/amp/news/michigan-judge-to-convicted-killer-i-hope-you-die-in-prison/
  3. https://cbs6albany.com/news/local/ny-supreme-court-justice-removed-after-she-reportedly-threatened-to-shoot-black-teens-race-bench-judge-erin-gall-utica-oneida-party-body-camera-footage-watch-decision-
  4. Blog death threats spark debate BBC News retrieved September 30, 2007
  5. "18 U.S. Code § 871 - Threats against President and successors to the Presidency | US Law | LII / Legal Information Institute". www.law.cornell.edu. Retrieved 2015-08-13.
  6. "Beds is one of nation's 'death-threat capitals' - News". Bedford Today. 2008-06-13. Archived from the original on July 20, 2012. Retrieved 2012-04-29.