Murder in Wisconsin law

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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.

Contents

The United States Centers for Disease Control and Prevention reported that in the year 2020, the state had a murder rate slightly below the median for the entire country. [1]

In 2003, the Wisconsin Supreme Court upheld the year and a day rule in the case before it, but simultaneously abolished the rule for any later cases, noting the modern circumstances of homicide cases, in which there is "the specter of a family's being forced to choose between terminating the use of a life-support system and allowing an accused to escape a murder charge" and the court's finding that it is "unjust to permit an assailant to escape punishment because of a convergence of modern medical advances and an archaic rule from the thirteenth century". [2]

Definitions

First-degree intentional homicide

First-degree intentional homicide in Wisconsin is defined as causing the death of another human or an unborn child with the intent to kill that person, or of a fetus an intent to kill the pregnant woman or unborn child. The defendant's actions do not have to be the only factor in a person's death, just a significant one. It is punished by life in prison without the possibility of parole. [3]

Second-degree intentional homicide

Second-degree intentional homicide is defined as a downgraded version of first-degree intentional homicide, with one of the following mitigating factors present.

Second-degree intentional homicide is punished by a maximum of 40 years in prison. For older offenders, a maximum sentence for second-degree intentional homicide can be a de facto life sentence. [3]

Felony murder

In Wisconsin, the felony murder rule is found in Wis. Stat. Sec. 940.03 and was last revised in 2005. Generally, the statute applies to dangerous felonies, felonies that have a propensity to cause great bodily harm, or those that involve a dangerous weapon or even a facade of a weapon. Sentences adding felony murder are enhanced by a maximum of 15 years, plus whatever the maximum of the underlying felony awards. [4]

Crimes in the felony murder statute in Wisconsin are:

Reckless homicide

Two less severe murder offenses in Wisconsin law are first- and second-degree reckless homicide. First-degree reckless homicide is defined as recklessly causing the death of another human being under circumstances which show utter disregard for human life. Though it is a lesser offense compared with first-degree intentional homicide, first-degree reckless homicide is still extremely serious, as it is punished as severely as second-degree intentional homicide with a maximum of 40 years in prison. For older offenders, a maximum sentence for first-degree reckless homicide can be a de facto life sentence. [5] [6]

Second-degree reckless homicide is recklessly causing the death of another human being, without the element of showing utter disregard for human life. It is punishable by up to 15 years in prison. [7]

Penalties

OffenseMandatory sentencing
Negligent homicide Up to 5 years in prison plus 5 years extended supervision
Second-degree reckless homicideUp to 15 years in prison plus 10 years extended supervision
Felony murder 15 years in prison plus sentence for the underlying felony
First-degree reckless homicide Up to 40 years in prison plus 20 years extended supervision
Second-degree intentional homicide
First-degree intentional homicide Life imprisonment without the possibility of extended supervision

Related Research Articles

<span class="mw-page-title-main">Murder</span> Unlawful killing of a human with malice aforethought

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.

Vehicular homicide is a crime that involves the death of a person other than the driver as a result of either criminally negligent or murderous operation of a motor vehicle.

The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder: when someone is killed in the commission of a dangerous or enumerated crime, the offender, and also the offender's accomplices or co-conspirators, may be found guilty of murder.

Murder is an offence under the common law legal system of England and Wales. It is considered the most serious form of homicide, in which one person kills another with the intention to unlawfully cause either death or serious injury. The element of intentionality was originally termed malice aforethought, although it required neither malice nor premeditation. Baker states that many killings done with a high degree of subjective recklessness were treated as murder from the 12th century right through until the 1974 decision in DPP v Hyam.

Most jurisdictions in the United States of America maintain the felony murder rule. In essence, the felony murder rule states that when an offender kills in the commission of a dangerous or enumerated crime, the offender, and also the offender's accomplices or co-conspirators, may be found guilty of murder. It means that the common law malice required for murder is "implied as a matter of law for homicides arising from felonies." It is a widely criticized feature of American criminal law. Initially, it was widely believed by scholars that the felony murder rule had originated in England. However, more recent scholarship has argued that it likely originated in the United States, separately from England. Its historic roots have been called "deep but terribly obscure".

Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th century BC.

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.

In the state of California, a heavily modified version of the common law felony murder rule is codified in California Penal Code § 189.

<span class="mw-page-title-main">Criminal law of the United States</span>

The criminal law of the United States is a manifold system of laws and practices that connects crimes and consequences. In comparison, civil law addresses non-criminal disputes. The system varies considerably by jurisdiction, but conforms to the US Constitution. Generally there are two systems of criminal law to which a person maybe subject; the most frequent is state criminal law, and the other is federal law.

Manslaughter is a crime in the United States. Definitions can vary among jurisdictions, but manslaughter is invariably the act of causing the death of another person in a manner less culpable than murder. Three types of unlawful killings constitute manslaughter. First, there is voluntary manslaughter which is an intentional homicide committed in "sudden heat of passion" as the result of adequate provocation. Second, there is the form of involuntary manslaughter which is an unintentional homicide that was committed in a criminally negligent manner. Finally, there is the form of involuntary manslaughter which is an unintentional homicide that occurred during the commission or attempted commission of an unlawful act which does not amount to a felony.

Murder in Colorado law constitutes the unlawful killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Colorado.

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.

<span class="mw-page-title-main">Murder in California law</span>

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 Delaware law constitutes the unlawful killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Delaware.

Murder in Georgia law constitutes the killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Georgia.

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

  1. ↑ "National Center for Health Statistics: Homicide Mortality by State". Centers for Disease Control and Prevention. February 16, 2021. Retrieved September 24, 2021.
  2. ↑ State v. Picotte, 2003 Wisc. 42, ¶ 35 (2003). Summarized in "Supreme Court Digest: Homicide – Year-and-a-Day Rule Abrogated". Wisconsin Lawyer. 76 (7). Madison, Wisconsin: State Bar of Wisconsin. July 2003.
  3. 1 2 "Wisconsin First-Degree Murder". Findlaw. Retrieved May 29, 2023.
  4. ↑ Wisconsin Statutes Sec. 940.
  5. ↑ "Wisconsin Legislature: 940.02". docs.legis.wisconsin.gov. Retrieved May 31, 2023.
  6. ↑ "2010 Wisconsin Code :: Chapter 940. Crimes against life and bodily security. :: 940.02 First-degree reckless homicide". Justia Law. Retrieved May 31, 2023.
  7. ↑ "Wisconsin Legislature: 940.06". docs.legis.wisconsin.gov. Retrieved May 31, 2023.
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