Criminal law (2022): Crimes against the person: Murder (Part One)

Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. 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, 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.

Most societies consider murder to be an extremely serious crime, and thus that a person convicted of murder should receive harsh punishments for the purposes of retribution, deterrence, rehabilitation, or incapacitation. In most countries, a person convicted of murder generally faces a long-term prison sentence, a life sentence, or capital punishment.

Use of the term.

In many countries, in news reports, out of concern for being accused of defamation, journalists are generally careful not to identify a suspect as a murderer until the suspect is convicted of murder in a court of law. After arrest, for example, journalists may instead write that the person was "arrested on suspicion of murder", or, after a prosecutor files charges, as an "accused murderer".

Opponents of abortion consider abortion a form of murder. In some countries, a fetus is a legal person who can be murdered, and killing a pregnant woman is considered a double homicide.

Definition.

The eighteenth-century English jurist William Blackstone (citing Edward Coke), in his Commentaries on the Laws of England set out the common law definition of murder, which by this definition occurs

when a person, of sound memory and discretion, unlawfully kills any reasonable creature in being and under the king's peace, with malice aforethought, either express or implied.

The elements of common law murder are:

unlawful,

killing,

through criminal act or omission,

of a human,

by another human, and,

with malice aforethought.