Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought.[1][2][3] 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,[note 1] 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.[4]

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Proto-Germanic in fact had two nouns derived from this word, later merging into the modern English noun: *murr "death, killing, murder" (directly from Proto-Indo-European*m-trom), whence Old English moror "secret or unlawful killing of a person, murder; mortal sin, crime; punishment, torment, misery";[6] and *murrij "murderer; homicide" (from the verb *murrijan "to murder"), giving Old English myrra "homicide, murder; murderer". There was a third word for "murder" in Proto-Germanic, continuing Proto-Indo-European *mrts "dead" (compare Latin mors), giving Proto-Germanic *mur "death, killing, murder" and Old English mor "death, crime, murder" (compare German Mord).

The -d- first attested in Middle English mordre, mourdre, murder, murdre could have been influenced by Old French murdre, itself derived from the Germanic noun via Frankish *murra (compare Old High German murdreo, murdiro), though the same sound development can be seen with burden (from burthen). The alternative murther (attested up to the 19th century) springs directly from the Old English forms. Middle English mordre is a verb from Anglo-Saxon myrrian from Proto-Germanic *murrijan, or, according to the Oxford English Dictionary, from the noun.[7]

In many countries, in news reports, out of concern for being accused of defamation,[8] 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",[9] or, after a prosecutor files charges, as an "accused murderer".[10]

Opponents of abortion consider abortion a form of murder.[11][12] In some countries, a fetus is a legal person who can be murdered, and killing a pregnant woman is considered a double homicide.[13][14]

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

In contrast with manslaughter, murder requires the mental element known as malice aforethought. Mitigating factors that weigh against a finding of intent to kill, such as "loss of control" or "diminished responsibility", may result in the reduction of a murder charge to voluntary manslaughter.[16]

Under state of mind (iv), the felony-murder doctrine, the felony committed must be an inherently dangerous felony, such as burglary, arson, rape, robbery or kidnapping. Importantly, the underlying felony cannot be a lesser included offense such as assault, otherwise all criminal homicides would be murder as all are felonies.

As with most legal terms, the precise definition of murder varies between jurisdictions and is usually codified in some form of legislation. Even when the legal distinction between murder and manslaughter is clear, it is not unknown for a jury to find a murder defendant guilty of the lesser offense. The jury might sympathize with the defendant (e.g. in a crime of passion, or in the case of a bullied victim who kills their tormentor), and the jury may wish to protect the defendant from a sentence of life imprisonment or execution.

Some jurisdictions divide murder by degrees. The distinction between first- and second-degree murder exists, for example, in Canadian murder law and U.S. murder law. Some US states maintain the offense of capital murder.

The most common division is between first- and second-degree murder. Generally, second-degree murder is common law murder, and first-degree is an aggravated form. The aggravating factors of first-degree murder depend on the jurisdiction, but may include a specific intent to kill, premeditation, or deliberation. In some, murders committed by acts such as strangulation, poisoning, or lying in wait are also treated as first-degree murder.[25] A few states in the U.S. further distinguish third-degree murder, but they differ significantly in which kinds of murders they classify as second-degree versus third-degree. For example, Minnesota defines third-degree murder as depraved-heart murder, whereas Florida defines third-degree murder as felony murder (except when the underlying felony is specifically listed in the definition of first-degree murder).[26][27]

Some jurisdictions also distinguish premeditated murder. This is the crime of wrongfully and intentionally causing the death of another human being (also known as murder) after rationally considering the timing or method of doing so, in order to either increase the likelihood of success, or to evade detection or apprehension.[28] State laws in the United States vary as to definitions of "premeditation". In some states, premeditation may be construed as taking place mere seconds before the murder. Premeditated murder is one of the most serious forms of homicide, and is punished more severely than manslaughter or other types of homicide, often with a life sentence without the possibility of parole, or in some countries, the death penalty. In the U.S, federal law (18 U.S.C.  1111(a)) criminalizes premeditated murder, felony murder and second-degree murder committed under situations where federal jurisdiction applies.[29] In Canada, the criminal code classifies murder as either first- or second-degree. The former type of murder is often called premeditated murder, although premeditation is not the only way murder can be classified as first-degree. In the Netherlands, the traditional strict distinction between premeditated intentional killing (classed as murder, moord) and non-premeditated intentional killing (manslaughter, doodslag) is maintained; when differentiating between murder and manslaughter, the only relevant factor is the existence or not of premeditation (rather than the existence or not of mitigating or aggravated factors). Manslaughter (non-premeditated intentional killing) with aggravating factors is punished more severely, but it is not classified as murder, because murder is an offense which always requires premeditation.[30]

According to Blackstone, English common law identified murder as a public wrong.[31] According to common law, murder is considered to be malum in se, that is, an act which is evil within itself. An act such as murder is wrong or evil by its very nature, and it is the very nature of the act which does not require any specific detailing or definition in the law to consider murder a crime.[32]

Some jurisdictions still take a common law view of murder. In such jurisdictions, what is considered to be murder is defined by precedent case law or previous decisions of the courts of law. However, although the common law is by nature flexible and adaptable, in the interests both of certainty and of securing convictions, most common law jurisdictions have codified their criminal law and now have statutory definitions of murder.

All jurisdictions require that the victim be a natural person; that is, a human being who was still alive before being murdered. In other words, under the law one cannot murder a corpse, a corporation, a non-human animal, or any other non-human organism such as a plant or bacterium.

California's murder statute, penal code section 187, expressly mentioned a fetus as being capable of being killed, and was interpreted by the Supreme Court of California in 1994 as not requiring any proof of the viability of the fetus as a prerequisite to a murder conviction.[44] This holding has two implications. Firstly, a defendant in California can be convicted of murder for killing a fetus which the mother herself could have terminated without committing a crime.[44] And secondly, as stated by Justice Stanley Mosk in his dissent, because women carrying nonviable fetuses may not be visibly pregnant, it may be possible for a defendant to be convicted of intentionally murdering a person they did not know existed.[44]

Some 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 being found guilty of 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.

Postpartum depression (also known as post-natal depression) is recognized in some countries as a mitigating factor in cases of infanticide. According to Susan Friedman, "Two dozen nations have infanticide laws that decrease the penalty for mothers who kill their children of up to one year of age. The United States does not have such a law, but mentally ill mothers may plead not guilty by reason of insanity."[48] In the law of the Republic of Ireland, infanticide was made a separate crime from murder in 1949, applicable for the mother of a baby under one year old where "the balance of her mind was disturbed by reason of her not having fully recovered from the effect of giving birth to the child or by reason of the effect of lactation consequent upon the birth of the child".[49] Since independence, death sentences for murder in such cases had always been commuted;[50] the new act was intended "to eliminate all the terrible ritual of the black cap and the solemn words of the judge pronouncing sentence of death in those cases ... where it is clear to the Court and to everybody, except perhaps the unfortunate accused, that the sentence will never be carried out."[51] In Russia, murder of a newborn child by the mother has been a separate crime since 1996.[52] be457b7860

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