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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 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.
Homicide is an act in which a person causes the death of another person. A homicide requires only a volitional act or an omission that causes the death of another, and thus a homicide may result from accidental, reckless, or negligent acts even if there is no intent to cause harm. Homicides can be divided into many overlapping legal categories, such as murder, manslaughter, justifiable homicide, assassination, killing in war, euthanasia, and capital punishment, depending on the circumstances of the death. These different types of homicides are often treated very differently in human societies; some are considered crimes, while others are permitted or even ordered by the legal system.
Life imprisonment is any sentence of imprisonment for a crime under which convicted criminals are to remain in prison for the rest of their lives or indefinitely until pardoned, paroled, or commuted to a fixed term. Crimes that warrant life imprisonment are usually violent and/or dangerous. Examples of crimes that result in life sentences are murder, torture, terrorism, child abuse resulting in death, rape, espionage, treason, drug trafficking, drug possession, human trafficking, severe fraud and financial crimes, aggravated criminal damage, arson, and hate crime, kidnapping, burglary, and robbery, piracy, aircraft hijacking, and genocide.
The concept of justifiable homicide in criminal law is a defense to culpable homicide. Generally, there is a burden to produce exculpatory evidence in the legal defense of justification.
In Canada, homicide is the act of causing death to another person through any means, directly or indirectly. Homicide can either be culpable or non-culpable, with the former being unlawful under a category of offences defined in the Criminal Code, a statute passed by the Parliament of Canada that applies uniformly across the country. Murder is the most serious category of culpable homicide, the others being manslaughter and infanticide.
In the United States, the law for murder varies by jurisdiction. In many US jurisdictions there is a hierarchy of acts, known collectively as homicide, of which first-degree murder and felony murder are the most serious, followed by second-degree murder and, in a few states, third-degree murder, which in other states is divided into voluntary manslaughter, and involuntary manslaughter such as reckless homicide and negligent homicide, which are the least serious, and ending finally in justifiable homicide, which is not a crime. However, because there are at least 52 relevant jurisdictions, each with its own criminal code, this is a considerable simplification.
Murder in Pennsylvania law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Pennsylvania.
Capital punishment is a legal penalty in the U.S. state of Montana.
Murder in Alabama law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Alabama.
Murder in Arizona law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Arizona.
Murder in Arkansas law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Arkansas.
Murder in Florida law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Florida.
Murder in Texas law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Texas.
Murder in Wisconsin law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Wisconsin.
The law on the crime of murder in the U.S. state of California is defined by sections 187 through 191 of the California Penal Code.
Murder in Connecticut is defined as the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Connecticut. The United States Centers for Disease Control and Prevention reported that in the year 2021, the state had a murder rate somewhat below the median for the entire country.
Murder in Illinois law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Illinois.
Murder in Indiana law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Indiana.
Murder in Minnesota law constitutes the killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Minnesota.
Murder in New York law constitutes the unlawful killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of New York. Because the criminal law of the state also governs the City of New York, there is not a separate law applicable to murders committed in the city.
References
- ↑ "National Center for Health Statistics: Homicide Mortality by State". Centers for Disease Control and Prevention. February 16, 2021. Retrieved September 24, 2021.
- ↑ "Montana Criminal Justice System EAQs #1" (PDF).
- ↑ "NACDL - Excessive Sentencing Project - Montana". NACDL - National Association of Criminal Defense Lawyers. Citing MCA 41-5-206.
- ↑ Montana Code § 46-18-303. Aggravating circumstances.
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