Talk:Murder: Difference between revisions
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(outdent)Just in case someone wants to read this.[[User:LeadSongDog|LeadSongDog]] ([[User talk:LeadSongDog|talk]]) 04:47, 24 July 2008 (UTC) |
(outdent)Just in case someone wants to read this.[[User:LeadSongDog|LeadSongDog]] ([[User talk:LeadSongDog|talk]]) 04:47, 24 July 2008 (UTC) |
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:Perhaps the page should mention that the word "murder" (in English) did not historically mean killing someone but, rather, stealthily killing someone. Because in the Old Days killing someone face-to-face, in front of witnesses, was not necessarily a crime. Gradually "murder" acquired a more general sense of "intentional homicide," but this was not its original meaning. [[Special:Contributions/99.231.111.157|99.231.111.157]] ([[User talk:99.231.111.157|talk]]) 19:42, 28 July 2008 (UTC) |
:Perhaps the page should mention that the word "murder" (in English) did not historically mean killing someone but, rather, stealthily killing someone. Because in the Old Days killing someone face-to-face, in front of witnesses, was not necessarily a crime. Gradually "murder" acquired a more general sense of "intentional homicide," but this was not its original meaning. [[Special:Contributions/99.231.111.157|99.231.111.157]] ([[User talk:99.231.111.157|talk]]) 19:42, 28 July 2008 (UTC) |
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::This is half true. In the "Old Days," or more specifically at Common Law, [[Bracton]] (1210 - 1268 AD), described the term "murder" as: ''Murdrum vero est occulta extraneorum et notorum hominum occisio a manu hominum nequiter perpetrata, et quae nullo sciente vel vidente facta est praeter solum interfectorem et suos coadiutores et fautores, et ita quod non statim assequatur clamor popularis.'' "Murder is the secret slaying of man by the hand of man, (whether those slain are known or strangers,) (committed wickedly,) done out of the sight of and unknown to all except the slayer alone and his accomplices and abettors so that no public hue and cry immediately pursues them, and (where) who the slayer is cannot be ascertained."[http://hlsl5.law.harvard.edu/cgi-bin/brac-hilite.cgi?Unframed+English+2+379+murder] Bracton also described the crime of ''homicidius'' as: ''Voluntate, ut si quis ex certa scientia et in assultu praemeditato, ira vel odio vel causa lucri, nequiter et in felonia et contra pacem domini regis aliquem interfecerit. "By intention, as where one in anger or hatred or for the sake of gain, deliberately and in premeditated assault, has killed another wickedly and feloniously and in breach of the king's peace."[http://hlsl5.law.harvard.edu/cgi-bin/brac-hilite.cgi?Unframed+English+2+341+murder] He further goes on to describe ''murdrum'' as a subset of ''homicidius'' as we do today. Where the above claim concerning "Old Days" errs is the "face-to-face, in front of witnesses, was not necessarily a crime." ''Homicidius'' was very clearly a crime against the crown (''contra pacem domini regis'') "against the peace of our lord and king" even when face-to-face and in front of witnesses. You can very clearly see how the definition of murder has evolved from the common law. We have ''Voluntate'', the "intent" which would exclude accidental deaths and the insane. We have ''assultu praemeditato'' "by premeditated assault" or "aforethought." We have ''ira vel odio'' "anger or hatred" or "malice." Finally we have ''contra pacem domini regis'' "against the peace of our lord and king" or "unlawful." [[Special:Contributions/144.118.147.170|144.118.147.170]] ([[User talk:144.118.147.170|talk]]) 23:45, 13 October 2008 (UTC) |
::This is half true. In the "Old Days," or more specifically at Common Law, [[Bracton]] (1210 - 1268 AD), described the term "murder" as: ''Murdrum vero est occulta extraneorum et notorum hominum occisio a manu hominum nequiter perpetrata, et quae nullo sciente vel vidente facta est praeter solum interfectorem et suos coadiutores et fautores, et ita quod non statim assequatur clamor popularis.'' "Murder is the secret slaying of man by the hand of man, (whether those slain are known or strangers,) (committed wickedly,) done out of the sight of and unknown to all except the slayer alone and his accomplices and abettors so that no public hue and cry immediately pursues them, and (where) who the slayer is cannot be ascertained."[http://hlsl5.law.harvard.edu/cgi-bin/brac-hilite.cgi?Unframed+English+2+379+murder] Bracton also described the crime of ''homicidius'' as: ''Voluntate, ut si quis ex certa scientia et in assultu praemeditato, ira vel odio vel causa lucri, nequiter et in felonia et contra pacem domini regis aliquem interfecerit.'' "By intention, as where one in anger or hatred or for the sake of gain, deliberately and in premeditated assault, has killed another wickedly and feloniously and in breach of the king's peace."[http://hlsl5.law.harvard.edu/cgi-bin/brac-hilite.cgi?Unframed+English+2+341+murder] He further goes on to describe ''murdrum'' as a subset of ''homicidius'' as we do today. Where the above claim concerning "Old Days" errs is the "face-to-face, in front of witnesses, was not necessarily a crime." ''Homicidius'' was very clearly a crime against the crown (''contra pacem domini regis'') "against the peace of our lord and king" even when face-to-face and in front of witnesses. You can very clearly see how the definition of murder has evolved from the common law. We have ''Voluntate'', the "intent" which would exclude accidental deaths and the insane. We have ''assultu praemeditato'' "by premeditated assault" or "aforethought." We have ''ira vel odio'' "anger or hatred" or "malice." Finally we have ''contra pacem domini regis'' "against the peace of our lord and king" or "unlawful." [[Special:Contributions/144.118.147.170|144.118.147.170]] ([[User talk:144.118.147.170|talk]]) 23:45, 13 October 2008 (UTC) |
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Statistics
The statistical entries on prevalence of murder in various countries are presently scattered throughout the article. I'd suggest they'd be better gathered into one section, perhaps in a wikitable. Comments? LeadSongDog 14:32, 12 September 2007 (UTC)
Does this link belong in this article?
The very last external link, Murder Capital of the World. - Pop Rock Band from Boston, does not seem to belong in this article on the crime. I'm not removing it in case its inclusion was previously discussed but could someone else involved in this article take a look at it? Thanks, CWPappas 04:57, 23 September 2007 (UTC)
- I removed it as spam. Bearian 19:36, 16 October 2007 (UTC)
Third degree murder
Can someone clarify this in the Murder#Degrees of murder section? It appears to be rather vague, and I can seem to imagine any "other murder" that wouldn't already be classified in the first two degrees. Is it a result of my ignorance in the matter of murder classification, or is the claim in need of assessment/improvement?--C.Logan 00:44, 8 October 2007 (UTC)
Clean up
I was bold. I edited out lots of extra verbiage, and added cites and tags. Bearian 19:35, 16 October 2007 (UTC)
Parody
Just in case anyone else see this, it is a parody: Man Sentenced To 3 Months Probation For 17th-Degree Murder, 'The Onion, October 16, 2007, retrieved 10/17/07 [1]. Bearian 19:26, 18 October 2007 (UTC)
Abortion See Also, II
I have removed the link to abortion from the See Also section for the following reason: abortion is currently legal in the USA and most of the western world. Thus, it does not fit the stated definition at the beginning of the article. Whether or not you personally believe it should be illegal has no bearing on whether it currently is or not. Having the link in the See Also section strongly implies that abortion is an instance of murder, which it is not, under current legal codes. WP is not a political battleground (or shouldn't be, at least), so don't reinsert it until the government(s) converge on its illegality. 24.95.50.34 05:39, 24 October 2007 (UTC)
- Agreed. Linking abortion is merely pushing someone's own point of view.—Esurnir 00:10, 9 November 2007 (UTC)
I'm not sure I understand the logic. Abortion is not legal worldwide, under current legal codes. And in legal localations, it is by no means a fringe concept that abortion is a "form of murder." Additionally, abortion as fetal homicide is addressed directly in the article. Abeall (talk) 17:59, 15 September 2008 (UTC)
Archiving
I propose to archive the talk page which become excessively long up to the Statistic section. Is there anyone who think we should do something else or do you agree ?—Esurnir 00:14, 9 November 2007 (UTC)
Undeclared POV?
The introduction, and specifically the section beginning Legal Analysis of Murder seems to be written from a specifically American point of view (is the "felony/murder doctrine" used more widely?), but there's nothing to indicate this in the text; it appears to be implying that this legal analysis is generally appropriate, regardless of jurisdiction. There's a vague mention of Common Law, but that applies to most of the Commonwealth, as well as to America. I'm not 100% sure that this doesn't apply to Common Law jurisdictions in general, but if someone who knows more than m could see if they think it needs a rewrite... --wintermute (talk) 21:06, 11 December 2007 (UTC)
- The Legal Analysis of Murder section takes the English common law approach to murder. Roughly 2/3 of US states have changed the definition of murder to a variation of the following:
Model Penal Code. Part II. Definition of Specific Crimes. Offenses Involving Danger to the Person. Article 210. Criminal Homicide.
210.1 Criminal Homicide (1)A person is guitly of criminal homicide if he purposely, knowingly, recklessly or negligently causes the death of another human being. (2)Criminal homicide is murder, manslaughter or negligent homicide 210.2 Murder (1)Except "a homicide...committed under the influence of extreme mental or emotional disturbance for which there is reasonable explanation or excuse," criminal homicide constitutes murder when: (a)it is committed purposely or knowingly; or (b)it is committed recklessly under circumstances manifesting extreme indifference to the value of human life. Such recklessness and indifference are presumed if the actor is engaged or is an accomplice in the commission of, or an attempt to commit, or flight after committing or attempting to commit robbery, rape or deviate sexual intercourse by force or threat of force, arson burglary, kidnapping or felonious escape.
2.02.(2)(a)Purposely. A person acts purposely with respect to a material element of an offense when:(i)if the element involves the nature of his conduct or a result thereof, it is his conscious object to engage in conduct of that nature or to cause such result; (b)Knowingly. A person acts knowingly with respect to a material element of an offense when: (i)if the element involves the nature of his conduct, he is aware that it is practically certain that his conduct will cause such a result; (c) Recklessly. A person acts recklessly with respect to a material element of an offense when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that, considering the nature and purpose of the actor's conduct and the circumstances known to him, its disregard involves a gross deviation from the standard of conduct that a law-abiding person would observe in the actor's situation.
- That is the uniform example of the definition of murder in the majority of U.S. jurisdictions. A reckless homicide that does not manifest extreme indifference to human life is manslaughter. Notice the absence of "malice aforethought" in the Model Penal Code definition. Murder is an English word that had a very specific definition at common law. That definition is represented here. Technically, any discussion of "murder" in a non-English common law system should be described as "criminal homicide." Criminal homicide is the neutral term. Because this is an article about murder, the English common law definition is appropriate and is intrinsically a world wide view of the English term. While some may prefer the U.S. definition here, the general term is more useful to English speakers wishing to know how native English speakers handle their homicides. The specifics of murder vary greatly among jurisdictions. The U.S. has 52+ definitions with 2/3 adopting variations of the above. The general definition given is sufficient and does not overly confuse the issue by discussing the differences around the world. Legis Nuntius (talk) 04:19, 15 January 2008 (UTC)
Murder outside of real-life
The topic of murder figures large in fiction (just ask Miss Marple), movies, et cetera. Some mention of the subject should be made, even if it's just a link to another article.LeadSongDog (talk) 22:34, 19 December 2007 (UTC)
Neutrality background/murder in the Bible
This section needs a NPOV for two reasons
- It disputes early translations of the bible such as the Latin vulgate. The number of Orthodox Christian religions including Catholics, which use the "early translations" exceed 1 billion. this is obviously a Protestant/Orthodox issue and unnecessary to a legal article on murder.
- The section is entitled "Background", when it is essentially Murder in Abrahamic tradition. The 12 commandments is not the first instance of murder as a crime. Murder in the bible is not the background. Western cultures rejected the eye for an eye theory by grading murders. Manslaughter or negligent homicide would necessarily require execution under eye for an eye. Supreme Court Chief Justice Oliver Wendell Holmes among others identified this distinction. —Preceding unsigned comment added by Legis Nuntius (talk • contribs) 15:19, 15 January 2008 (UTC)
- I've attempted to clean this up some, but it still needs work, especially because it completely lacks any Jewish or Islamic interpretation: does it differ substantially? How? Also NPOV would demand comparable paras for other major religions' prohibitions.LeadSongDog (talk) 22:26, 15 January 2008 (UTC)
- I've changed the section name, but can't see any instances of it disputing the Latin vulgate translation (all it's doing at the moment is anylysing it) so someone must already have fixed that. Smartguy777 (talk) 07:04, 29 April 2008 (UTC).
- In the Abrahamic relgions, God commits murder on a regular basis and orders his followers to do it as well. That leads to some ambiguity. It should be made clear that when God commits a murder or orders it done, followers of the religion don't consider it murder.
Opening Blurb
i added this '(and often the most serious)' but please feel free to remove if you think it is too messy 82.41.253.56 (talk) 13:46, 26 January 2008 (UTC)
unclear
The article is rather unclear as in my opinion too often the word 'murder'is used where it should be 'killing' or 'homicide'. Definitions like "it is or is not murder if the murderer....." That already implies that it is a murder otherwise there would be no murderer. Also, I get the feeling that the definitions of murder in the article regarding the USA, do not differentiate clearly enough with 'manslaugther' The general definition of murder in this article is 'with Malice aforethought'(which basically is 'intent') whereas 'manslaugther' (in it's own article) can also be with intent (voluntary manslaugther).
As such, the section on murder in the netherlands -though largely correct in its own right- combines discusion of the two: "Murder" is planned and with the intention to kill, whereas 'doodslag' (literally 'deadbeating') sees the intent to kill at th every moment but without planning. 'doodslag' therefore could indeed be compared to 'voluntary manslaugther' but the two systems do not fully cover eachother. [ed] —Preceding unsigned comment added by 88.159.134.161 (talk) 12:58, 7 February 2008 (UTC) http://en.wikipedia.org/wiki/Murder Article
Indian Penal Code
Text available at Indian Penal Code applies in much of S. Asia. Someone want to write it in? LeadSongDog (talk) 05:35, 5 March 2008 (UTC)
List of notable murders?
If there is a list of notable suicides, why isn't there a list of notable murders? —Preceding unsigned comment added by Saberwolf116 (talk • contribs) 23:42, 24 April 2008 (UTC)
Statute of limitations
I know that, for my for my own jurisdiction, there is no limitation on the time in which the state can bring a murder charge. My impression is this is generally true for jurisdictions in the U.S.A. Even if only some jurisdictions follow this, it should be noted. I will check for a citation, but if anyone else has one, feel free to add the info.InMyHumbleOpinion (talk) 08:33, 29 May 2008 (UTC)
Remove 3.4.1 Insanity
I propose removing this section http://en.wikipedia.org/wiki/Murder#Insanity
Everything in it appears to refer to a defense to any crime. The section is not specific to murder. Even if it were, it is not a mitigating factor that leads to a lesser offense, but a not guilty. Granted, jurisdictions that use that then have mental health commitment available, but again, that is for any crime.
This section is distinguishable from diminished capacity and what is awkwardly titled "Unintentional" in that those sections deal with how those situations change murder to manslaughter, something particular to murder, as opposed to affecting murder the same as any other crime, by giving a not guilty by reason of insanity.
Self defense is also distinguishable, but not for the reasons listed. If a person acts in self defense in any battery/assault/murder/injury to person crime, then the person is not guilty. However, the bit about it not being self defense 'if the killer established control of the situation before the killing took place.' I think the real distinction, or at least another distinction, is that when you lethal force, it's not self defense unless it was necessary to prevent lethal force (as opposed to any force) against yourself. Also, with exceptions, there is a duty to retreat before using lethal force in self defense, where there generally is no such duty before using non-lethal force in self defense.InMyHumbleOpinion (talk) 08:50, 29 May 2008 (UTC)
I don't have a wiki account, but I felt I had to comment on this point. I agree with the sentiment that Insanity Defense is not specific enough to murder to be on this page. Propose for clarity:
Remove all defenses EXCEPT for passing references and give them their own page(s), ie.
"As established by precedent in American Jurisprudence, multiple legal defenses exist for the criminal charge of "murder." Among these are insanity (under McNaughten Rule, for citation), forced complicity (referred to by laypeople as blackmail or "he made me do it"), diminished capacity, and justifiable self-defense. Note that this list is not inteded to be comprehensive."
And then hyperlink each defense named for it's own page that will then show the USC text and any other global information available. You need to mention which jurisdiction (in this case American) so people don't scream bias.
One point regarding "self-defense": No matter what direction the offender is facing, if they are moving AWAY from you it is no longer self-defense as they are considered to be in retreat. If you 'attack' at that point you then become the aggressor. For example, someone bashes in your front door and stops cold at the site of you behind a loaded gun. If he steps towards you then you may shoot him "in self-defense". If he steps back and away (while still facing you) and you shoot him it is a crime on your part as he was considered to be in retreat. KY has recently changed their interpretation to allow for the "defensive attack" of a home invader wether or not he is in retreat, but this has yet to be put to the test in court.
--a prelaw student in KY, USA. 71.28.232.179 (talk) 14:07, 15 June 2008 (UTC)
Viking section
I think the information on weregild is pertinent, but the section is misleading as it suggests that it the concept only belonged to the Vikings (and I think Vikings as used here isn't appropriate either, but that's a lesser issue). The Wikipedia article on weregild itself references a good portion of the cultures of Europe practicing some form of weregild. In fact, the word itself is Germanic in origin. The bit about unjust killing I'm less sure of, but the Vikings were not the only warrior culture and I find it hard to believe a number of other cultures failed to recognize something similar.
The information itself is relevant, but should possibly be moved up in the article, in a history section. Maybe near the Bible section. And, of course, it should give a better picture of the full range of cultures that used weregild.
By the way, The Common Law also makes references to weregild and practices that surround it, if I remember correctly.InMyHumbleOpinion (talk) 09:17, 29 May 2008 (UTC)
austrian law
Perhaps we should add the Austrian definition of murder which is very large and by this unique:
§75 of criminal law reads: "The one who kills someone else shall be punished by imprisonment from 10 to 20 years or by life long imprisonment." —Preceding unsigned comment added by Dr.leben (talk • contribs) 18:29, 11 June 2008 (UTC)
Murder is legal, too
Since when does murder only include "unlawful" life-ending? Does that mean executions, abortions, wars, etc., aren't murders? I previously understood that the distinction was that these don't fall within the realm of "homicide" laws. I mean, they're still murdering them; it's just not considered unlawful. Maybe we need some kind of three-sided Venn diagram to illustrate the difference between "homicide", "murder", and "killing". 24.3.14.157 (talk) 00:27, 12 July 2008 (UTC)
- As you use the word, it's a moral definition; this article is about the legal definition. Jurisdictions tend to legitimise homicides which would otherwise be murder by providing exceptions such as you mention. Moral philosophy is outside the scope of this article. --Rodhullandemu 00:31, 12 July 2008 (UTC)
Murder is not only a legal concept. If this article is to be purely restricted to the legal notion, then it should be moved to murder (law) or some such. That said, I would certainly not like to see the article become a refuge for polemics regarding abortion etc. At most there might be a small section referencing the views of various thinkers and groups on these topics. --Trovatore (talk) 00:53, 12 July 2008 (UTC)
- I think you have it exactly backwards. Homicide is any killing of another. It does not become murder (and therefore a crime) unless it is both unlawful, and done with the requisite state of mind. This is why, for example, a killing that is made in self-defense, which is no crime, is called "justifiable homicide." See Kinsey v. State, 65 P.2d 1141, 1152 (Ariz. 1937) ("Under our law, ‘homicide,’ which may be defined as the killing of a human being by another, must be either (a) justifiable, (b) excusable, (c) manslaughter, (d) murder of the second degree, or (e) murder of the first degree. No other class of homicide is possible."), cited with approval in ROLLIN M. PERKINS & RONALD N. BOYCE, CRIMINAL LAW 46 & n.1 (3d ed. 1982). Although a relatively old treatise, it was cited with approval in Holloway v. United States, 526 U.S. 1, 10 n.8, 12 n.12 (1999), Farmer v. Brennan, 511 U.S. 825, 837 (1994), and on several other occasions, leading me to believe it is a respected and reliable source. MrArticleOne (talk) 15:46, 23 July 2008 (UTC)
- Note, also, that this conforms with dictionary definitions. For example, the 4th edition of the American Heritage Dictionary defines it as "[t]he unlawful killing of one human by another, especially with premeditated malice." MrArticleOne (talk) 20:39, 23 July 2008 (UTC)
- Dude, you can't refute the claim that something is "not only a legal concept" by citing law cases. I mean, obviously. Murder is also a moral concept, and distinct from "homicide". No one would claim, for example, that a purely accidental killing is murder, either in a legal or moral sense, but it's still homicide. --Trovatore (talk) 20:42, 23 July 2008 (UTC)
- I noted the dictionary definition to establish that the non-legal definition mirrors the legal definition, at least on the issue of lawfulness, which is what prompted this conversation thread in the first place. The original poster asked whether executions, wars, and whatnot were "murders," and neither the law nor common layman's usage reflects that they are. Your point, that it is not confined to just the legal definition, seems to support the notion that "murder" should be considered broader than just the traditional common law definition. However, on this matter, the traditional common law definition and common actual English usage overlap on the issue of whether an act must be unlawful for it to amount to murder. MrArticleOne (talk) 20:53, 23 July 2008 (UTC)
- That's one entry in one dictionary. I am fairly certain dictionaries can be found that will document the common actual English usage that has nothing to do with law, or at least not Man's law. People really do use the term that way, and they're not wrong. As I say, I don't want this article to become a collection of polemics on the topic, but I don't think it can be ignored altogether. --Trovatore (talk) 21:05, 23 July 2008 (UTC)
- Virtually identical definition in my Random House Dictionary ("the killing of another human being under conditions specifically covered in law."). MrArticleOne (talk) 21:20, 23 July 2008 (UTC)
- The problem, as I see it, is that activists seeking to make a rhetorical point will sometimes sloppily refer to something they are opposed to as "murder" in order to associate it with the moral opprobrium that attends the concept of "murder." MrArticleOne (talk) 21:30, 23 July 2008 (UTC)
- I don't agree that this is "sloppy". They may be wrong on whether a particular instance of killing is murder, but they are not wrong that that question is not purely a legal one. Oh, they'd be wrong in a legal brief, of course, because there the legal sense of the word is assumed. But in the real world there's also natural law or moral law, with its own notion of "murder" over which the courts have no jurisdiction. --Trovatore (talk) 21:38, 23 July 2008 (UTC)
- If it isn't supported by solid dictionary evidence that it is typical common usage, then it's really more of a poetic point that's being made, no different than if I said cutting down a tree is "murder" of the tree. I'm certainly free to make that point if I'm writing in an environmentalist newsletter; it isn't good form for an encyclopedia. MrArticleOne (talk) 21:42, 23 July 2008 (UTC)
- It is typical common usage, and there's nothing poetic about it. It expresses a claim of moral fact. The claim may be true or not true, but there is a fact of the matter about it, unlike in poetry. If the dictionaries don't recognize this, that's unfortunate. --Trovatore (talk) 21:46, 23 July 2008 (UTC)
- Note, also, that a hypothetical definition of "murder" that incorporates a "moral law," such as that all killing of another is wrongful, makes "murder" identical to "homicide." This makes the concept of "murder" as distinguished from "homicide" useless as an analytic tool. It would be pointless to have separate articles on this project about the two. The concepts that have been debated here more properly belong either in the article on homicide (for example, the article on homicide may note that at law, not all homicide is criminal, and thus not all murder, but that some moral theorists argue that all killing of another is wrongful and ought to be considered murder) or else in a separate article altogether on the morality of killing. MrArticleOne (talk) 02:22, 24 July 2008 (UTC)
- Huh? If all killing of another were wrongful, then you could at least argue that murder in a moral sense would be coextensive with homicide (still not a given, as there could be a moral category for wrongful kiling that's not murder). But that isn't the case; there are instances in which the killing of another is not morally wrongful. Virtually everyone will agree with that; even the most extreme sort of pacifist must allow that a purely accidental killing is not a moral wrong. I think you're looking at this as a lawyer (you are a lawyer, I'm guessing?), and of course in the context of legal analysis, you're right. But that is not the only relevant context. --Trovatore (talk) 02:46, 24 July 2008 (UTC)
- It is the only relevant context to the extent that we have separate articles for "murder" and "homicide." The distinguishing characteristic of murder from homicide is that it is done unlawfully. All of the rest is debate about whether certain homicides should be considered murder, which has nothing to do with what actual murder is (only what some people argue that it ought to be). Murder is an intrinsically legal concept; indeed, both dictionary definitions I mentioned earlier prefaced the definition with the explanation "Legal." (They also contained the definition for a "murder" being a group of crows, but that's obviously neither here nor there.) MrArticleOne (talk) 03:00, 24 July 2008 (UTC)
- That's the (or at least a) distinguishing characteristic in the legal context. In the moral context murder is still not the same thing as homicide, and I don't know why you keep claiming that; I've already refuted it quite definitively. As for it being intrinsically a legal concept, you're just wrong. --Trovatore (talk) 03:04, 24 July 2008 (UTC)
- It is absolutely an intrinsic legal context, because in world where the concepts of both "homicide" and "murder" exist, the only difference is the difference imposed by the law, that the
killinghomicide be unlawful. MrArticleOne (talk) 03:07, 24 July 2008 (UTC)- That is false. The concept of "murder" exists in moral law, and is not the same as homicide (which is not a moral concept, just a purely descriptive one), and whether a homicide is murder according to moral law has nothing to do with what any legislature or court has said. --Trovatore (talk) 03:10, 24 July 2008 (UTC)
- I can't say as that makes any sense to me. It certainly doesn't deny that murder is the unlawful killing of another (with malice aforethought, but we're not debating that). You're just picking a different legislator. If Malaysia decided to legalize "eye for an eye" vengeance-killing, that would not be murder there just as it would be murder here; substitute "God" for "Malaysia" and the analytic framework is the same. It still must be unlawful to be distinct from homicide. MrArticleOne (talk) 03:33, 24 July 2008 (UTC)
- No, because the term "lawful" rarely refers to moral or natural law. It's more limited to human law than the term "murder" is. (It's true that it can be used in the sense of moral law; it's just rarer). --Trovatore (talk) 03:38, 24 July 2008 (UTC)
- Citation? —Preceding unsigned comment added by MrArticleOne (talk • contribs) 03:40, 24 July 2008 (UTC)
- It's my sense of the language. If you restrict "murder" to mean "unlawful killing", it appears to me that you are talking about legislatures and courts, whereas "murder" is not only about legislatures and courts. When people claim that various sorts of killings are murder, you may agree with them or not, but they are in general not speaking metaphorically or poetically; they are making a claim of fact, and not one as trivially refutable as finding a statute that says that sort of killing is not murder. --Trovatore (talk) 03:45, 24 July 2008 (UTC)
- Your "sense of the language" is not controlling here; the article must be verifiable. The assertion that certain sorts of things "are" murder, without qualification, does properly belong in the sense of metaphor or poetry, because, according to the cooperative principle, our rhetorical exchanges are supposed to make a good-faith effort not to talk past each other. Appealing to a moral law as the referent for what constitutes the legal standard by which an act of homicide will be held to be murder breaks the ground rules that, in the civil realm, the laws in question are the civil laws. MrArticleOne (talk) 04:05, 24 July 2008 (UTC)
- But it's not a given that we are talking about the "civil realm". As for verifiability, I'm certain we can find writings that speak of murder in other than a legal sense. And no, using moral law to speak of what "is" murder does not belong to metaphor or poetry, not if you believe in moral realism (and that there is a category of murder within factually existing morality). --Trovatore (talk) 04:10, 24 July 2008 (UTC)
- Your "sense of the language" is not controlling here; the article must be verifiable. The assertion that certain sorts of things "are" murder, without qualification, does properly belong in the sense of metaphor or poetry, because, according to the cooperative principle, our rhetorical exchanges are supposed to make a good-faith effort not to talk past each other. Appealing to a moral law as the referent for what constitutes the legal standard by which an act of homicide will be held to be murder breaks the ground rules that, in the civil realm, the laws in question are the civil laws. MrArticleOne (talk) 04:05, 24 July 2008 (UTC)
- It's my sense of the language. If you restrict "murder" to mean "unlawful killing", it appears to me that you are talking about legislatures and courts, whereas "murder" is not only about legislatures and courts. When people claim that various sorts of killings are murder, you may agree with them or not, but they are in general not speaking metaphorically or poetically; they are making a claim of fact, and not one as trivially refutable as finding a statute that says that sort of killing is not murder. --Trovatore (talk) 03:45, 24 July 2008 (UTC)
- Citation? —Preceding unsigned comment added by MrArticleOne (talk • contribs) 03:40, 24 July 2008 (UTC)
- No, because the term "lawful" rarely refers to moral or natural law. It's more limited to human law than the term "murder" is. (It's true that it can be used in the sense of moral law; it's just rarer). --Trovatore (talk) 03:38, 24 July 2008 (UTC)
- I can't say as that makes any sense to me. It certainly doesn't deny that murder is the unlawful killing of another (with malice aforethought, but we're not debating that). You're just picking a different legislator. If Malaysia decided to legalize "eye for an eye" vengeance-killing, that would not be murder there just as it would be murder here; substitute "God" for "Malaysia" and the analytic framework is the same. It still must be unlawful to be distinct from homicide. MrArticleOne (talk) 03:33, 24 July 2008 (UTC)
- That is false. The concept of "murder" exists in moral law, and is not the same as homicide (which is not a moral concept, just a purely descriptive one), and whether a homicide is murder according to moral law has nothing to do with what any legislature or court has said. --Trovatore (talk) 03:10, 24 July 2008 (UTC)
- It is absolutely an intrinsic legal context, because in world where the concepts of both "homicide" and "murder" exist, the only difference is the difference imposed by the law, that the
- That's the (or at least a) distinguishing characteristic in the legal context. In the moral context murder is still not the same thing as homicide, and I don't know why you keep claiming that; I've already refuted it quite definitively. As for it being intrinsically a legal concept, you're just wrong. --Trovatore (talk) 03:04, 24 July 2008 (UTC)
- It is the only relevant context to the extent that we have separate articles for "murder" and "homicide." The distinguishing characteristic of murder from homicide is that it is done unlawfully. All of the rest is debate about whether certain homicides should be considered murder, which has nothing to do with what actual murder is (only what some people argue that it ought to be). Murder is an intrinsically legal concept; indeed, both dictionary definitions I mentioned earlier prefaced the definition with the explanation "Legal." (They also contained the definition for a "murder" being a group of crows, but that's obviously neither here nor there.) MrArticleOne (talk) 03:00, 24 July 2008 (UTC)
- Huh? If all killing of another were wrongful, then you could at least argue that murder in a moral sense would be coextensive with homicide (still not a given, as there could be a moral category for wrongful kiling that's not murder). But that isn't the case; there are instances in which the killing of another is not morally wrongful. Virtually everyone will agree with that; even the most extreme sort of pacifist must allow that a purely accidental killing is not a moral wrong. I think you're looking at this as a lawyer (you are a lawyer, I'm guessing?), and of course in the context of legal analysis, you're right. But that is not the only relevant context. --Trovatore (talk) 02:46, 24 July 2008 (UTC)
- Note, also, that a hypothetical definition of "murder" that incorporates a "moral law," such as that all killing of another is wrongful, makes "murder" identical to "homicide." This makes the concept of "murder" as distinguished from "homicide" useless as an analytic tool. It would be pointless to have separate articles on this project about the two. The concepts that have been debated here more properly belong either in the article on homicide (for example, the article on homicide may note that at law, not all homicide is criminal, and thus not all murder, but that some moral theorists argue that all killing of another is wrongful and ought to be considered murder) or else in a separate article altogether on the morality of killing. MrArticleOne (talk) 02:22, 24 July 2008 (UTC)
- It is typical common usage, and there's nothing poetic about it. It expresses a claim of moral fact. The claim may be true or not true, but there is a fact of the matter about it, unlike in poetry. If the dictionaries don't recognize this, that's unfortunate. --Trovatore (talk) 21:46, 23 July 2008 (UTC)
- If it isn't supported by solid dictionary evidence that it is typical common usage, then it's really more of a poetic point that's being made, no different than if I said cutting down a tree is "murder" of the tree. I'm certainly free to make that point if I'm writing in an environmentalist newsletter; it isn't good form for an encyclopedia. MrArticleOne (talk) 21:42, 23 July 2008 (UTC)
- I don't agree that this is "sloppy". They may be wrong on whether a particular instance of killing is murder, but they are not wrong that that question is not purely a legal one. Oh, they'd be wrong in a legal brief, of course, because there the legal sense of the word is assumed. But in the real world there's also natural law or moral law, with its own notion of "murder" over which the courts have no jurisdiction. --Trovatore (talk) 21:38, 23 July 2008 (UTC)
- That's one entry in one dictionary. I am fairly certain dictionaries can be found that will document the common actual English usage that has nothing to do with law, or at least not Man's law. People really do use the term that way, and they're not wrong. As I say, I don't want this article to become a collection of polemics on the topic, but I don't think it can be ignored altogether. --Trovatore (talk) 21:05, 23 July 2008 (UTC)
- I noted the dictionary definition to establish that the non-legal definition mirrors the legal definition, at least on the issue of lawfulness, which is what prompted this conversation thread in the first place. The original poster asked whether executions, wars, and whatnot were "murders," and neither the law nor common layman's usage reflects that they are. Your point, that it is not confined to just the legal definition, seems to support the notion that "murder" should be considered broader than just the traditional common law definition. However, on this matter, the traditional common law definition and common actual English usage overlap on the issue of whether an act must be unlawful for it to amount to murder. MrArticleOne (talk) 20:53, 23 July 2008 (UTC)
- Dude, you can't refute the claim that something is "not only a legal concept" by citing law cases. I mean, obviously. Murder is also a moral concept, and distinct from "homicide". No one would claim, for example, that a purely accidental killing is murder, either in a legal or moral sense, but it's still homicide. --Trovatore (talk) 20:42, 23 July 2008 (UTC)
(outdent)Just in case someone wants to read this.LeadSongDog (talk) 04:47, 24 July 2008 (UTC)
- Perhaps the page should mention that the word "murder" (in English) did not historically mean killing someone but, rather, stealthily killing someone. Because in the Old Days killing someone face-to-face, in front of witnesses, was not necessarily a crime. Gradually "murder" acquired a more general sense of "intentional homicide," but this was not its original meaning. 99.231.111.157 (talk) 19:42, 28 July 2008 (UTC)
- This is half true. In the "Old Days," or more specifically at Common Law, Bracton (1210 - 1268 AD), described the term "murder" as: Murdrum vero est occulta extraneorum et notorum hominum occisio a manu hominum nequiter perpetrata, et quae nullo sciente vel vidente facta est praeter solum interfectorem et suos coadiutores et fautores, et ita quod non statim assequatur clamor popularis. "Murder is the secret slaying of man by the hand of man, (whether those slain are known or strangers,) (committed wickedly,) done out of the sight of and unknown to all except the slayer alone and his accomplices and abettors so that no public hue and cry immediately pursues them, and (where) who the slayer is cannot be ascertained."[2] Bracton also described the crime of homicidius as: Voluntate, ut si quis ex certa scientia et in assultu praemeditato, ira vel odio vel causa lucri, nequiter et in felonia et contra pacem domini regis aliquem interfecerit. "By intention, as where one in anger or hatred or for the sake of gain, deliberately and in premeditated assault, has killed another wickedly and feloniously and in breach of the king's peace."[3] He further goes on to describe murdrum as a subset of homicidius as we do today. Where the above claim concerning "Old Days" errs is the "face-to-face, in front of witnesses, was not necessarily a crime." Homicidius was very clearly a crime against the crown (contra pacem domini regis) "against the peace of our lord and king" even when face-to-face and in front of witnesses. You can very clearly see how the definition of murder has evolved from the common law. We have Voluntate, the "intent" which would exclude accidental deaths and the insane. We have assultu praemeditato "by premeditated assault" or "aforethought." We have ira vel odio "anger or hatred" or "malice." Finally we have contra pacem domini regis "against the peace of our lord and king" or "unlawful." 144.118.147.170 (talk) 23:45, 13 October 2008 (UTC)
(1)
Would you, dear admins, please delete this "(1)" from the section about German criminal law. It is about Mord. This seems to have been forgotten by some previous contributors. Thank you. Hans Rosenthal (ROHA) (15072008) —Preceding unsigned comment added by 84.148.111.199 (talk) 07:37, 15 July 2008 (UTC)
Legalize murder
Murder should be lagelized and I think why is because of YES. —Preceding unsigned comment added by 71.196.237.223 (talk) 23:30, 7 August 2008 (UTC)
Demographics
This part of the article compares murder rates in different contries. Theese are however hard to compare, because of different legal definitions of the term "murder". I think this should be reflected in this paragraph. --93.135.60.193 (talk) 05:10, 26 August 2008 (UTC)
Netherlands
Just to inform you all, I made some changes to this article on the "The Netherlands" section,
Jouke Bersma —Preceding unsigned comment added by 193.172.170.26 (talk) 10:23, 12 September 2008 (UTC)
Are multiple murders rare?
Are most murders are committed by someone who has never murdered before (either because crimes of passion are more common than organized crime, or because the justice system prevents murderers from re-offending most of the time)? Statistics on this would be an interesting insight. -- Beland (talk) 18:53, 29 September 2008 (UTC)
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