杀人罪

Murder 总的来讲：homicide(杀人行为，包括作为与不作为：act or omission) Murder： first degree ：with malice aforethought有预谋的 Second degree： 无预谋的（临时起意，但不是激情（被激怒而）杀人） Manslaughter： 自愿的：激情杀人（a reasonable person lost self-control） 非自愿的：过失杀人（又不全是）：有交通肇事、因为疏忽而杀人，也有 willful blindness （类似于间接故意） 还有非犯罪的homicide：正当防卫、受胁迫、精神不正常等 政府允许的杀人：执行死刑 Homicidal crimes in some criminal jurisdictions include: ​ Murder/murder in English law o​ Felony murder o​ Capital murder ​ Manslaughter/manslaughter in English law o​ Voluntary manslaughter o​ Involuntary manslaughter o​ Intoxicating manslaughter o​ Death by dangerous driving o​ Reckless manslaughter ​ Criminal Homicide o​ Culpable homicide (in Scots law) o​ Negligent homicide o​ Criminally negligent homicide Homicide (Latin homicidium, homo human being + caedere to cut, kill) refers to the act of killing another human being.[1] It can also describe a person who has committed such an act, though this use is rare in modern English. Homicide is not always an illegal act. Contents [hide] ​ 1 Homicidal crimes ​ 2 Non-criminal homicide ​ 3 State-sanctioned homicide ​ 4 References ​ 5 See also [edit] Homicidal crimes Criminal homicide is a crime, and every legal system contains some form of prohibition or regulation of criminal homicide. Homicidal crimes in some criminal jurisdictions include: ​ Murder/murder in English law o​ Felony murder o​ Capital murder ​ Manslaughter/manslaughter in English law o​ Voluntary manslaughter o​ Involuntary manslaughter o​ Intoxicating manslaughter o​ Death by dangerous driving o​ Reckless manslaughter ​ Criminal Homicide o​ Culpable homicide (in Scots law) o​ Negligent homicide （同上面的Involuntary manslaughter） o​ Criminally negligent homicide Many forms of homicide have their own term based on the person being killed. ​ Infanticide （杀婴，母亲进行的）- Killing of an infant ​ Fratricide（杀害兄弟，姐妹） - Killing of one's brother; in a military context, killing of a friendly combatant ​ Sororicide - Killing of one's sister ​ Parricide - Killing of either (resp. patricide（杀父）, matricide（杀母）) or both of one's parents, or other close person who stands in a somewhat similar relationship ​ Patricide - Killing of one's father ​ Matricide - Killing of one's mother ​ Mariticide - Killing of one's husband ​ Uxoricide - Killing of one's wife ​ Filicide - Killing of one's child ​ Regicide - Killing of a monarch（君王）. ​ Genocide（种族灭绝） - Killing of a national, ethnic, racial or religious group [edit] Non-criminal homicide Main article: Justifiable homicide Homicides do not always involve a crime. Sometimes the law allows homicide by allowing certain defenses to criminal charges. One of the most recognized is self defense, which provides that a person is entitled to commit homicide to protect his or her own life from a deadly attack. Some defenses include: ​ Self-defense (theory) ​ Insanity defense （精神疾病） ​ Duress State-sanctioned homicide Homicides may also be non-criminal when conducted with the sanction of the state. The most obvious example is capital punishment, in which the state determines that a person should die. Homicides committed during war are usually not subject to criminal prosecution either. Manslaughter Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The law generally differentiates between levels of criminal culpability based on the mens rea, or state of mind. Manslaughter is usually broken down into two distinct categories: voluntary manslaughter and involuntary manslaughter. Contents [hide] ​ 1 Voluntary manslaughter ​ 2 Involuntary manslaughter o​ 2.1 Recklessness o​ 2.2 Vehicular or intoxication manslaughter o​ 2.3 Misdemeanor manslaughter o​ 2.4 Assisted suicide ​ 3 See also ​ 4 References [edit] Voluntary manslaughter Voluntary manslaughter describes cases where the defendant may have an intent to cause death or serious injury, but the potential liability for the person is mitigated by the circumstances and/or state of mind. The most common example is the so-called passion, or heat of the moment killing, such as where the defendant is provoked into a loss of control, by, for instance, unexpectedly finding his or her spouse in the arms of another lover, or witnessing an attack against his or her child. There have been several types of voluntary manslaughter recognized in law, although they're so closely related, and, in many cases, indistinguishable, that many jurisdictions don't differentiate between them.[1] Another form of voluntary manslaughter in some countries is infanticide. This offense was created by statute in some countries during the 20th century. Generally, a conviction of infanticide will be made where the court is satisfied that a mother killed her newborn child while the balance of her mind was disturbed as a result of childbirth; for instance, in cases of post-natal depression. It's a form of manslaughter, and carries the same range of sentences as a manslaughter conviction. Theoretically, it's a separate offense to murder, and not a reductive defense to murder (such as the defenses listed below), but, in practice, it works in much the same way as a reductive defense. 另一种述：Voluntary manslaughter is the killing of a human being in which the offender had no prior intent to kill and acted during "the heat of passion", under circumstances that would cause a reasonable person to become emotionally or mentally disturbed. In the Uniform Crime Reports prepared by the Federal Bureau of Investigation it is referred to as nonnegligent manslaughter. Defenses include: 1.​ Provocation. This is a killing caused by an event or situation which would probably cause a reasonable person to lose self-control and kill. 2.​ Heat of Passion. In this situation, the actions of another cause the defendant to act in the heat of the moment, and without reflection. This falls under the provocation heading. 3.​ Imperfect self-defense. This is a third type, which is allowed only in some US states. By default, self-defense is a complete defense to any charge of murder. However, if a person acted in the honest but unreasonable belief that self-defense justified the killing, many US states will define this as deliberate homicide committed without criminal malice: a manslaughter. The word "malice" is used in the definition of murder where the act is both an intentional killing, and without legal excuse or mitigation. The honest belief in the need for self-defense mitigates the crime so that one acts intentionally, but without the legal "malice." Therefore, Imperfect Self-Defense refers to an intentional killing which is unlawful, but doesn't rise to the level of being a murder. 4.​ Diminished Responsibility is another defense to murder that will negate the charge down. Most US states require an almost complete mental breakdown to eliminate the culpable mental state of "malice". If a jurisdiction recognizes that a person can kill with justification, but also without any evil intent, that jurisdiction is free to define the crime as something less than murder. Not all US states do this; in many, a mental defect, or even mental illness, won't reduce the seriousness of the offense whatsoever. However, if a US state legislature chooses, a diminished mental state may justify the finding of a lesser crime. Insanity is a different defense as it completely negates any criminal culpability, although the mental health consequence can result in as much confinement time as a murder conviction. [edit] Involuntary manslaughter Involuntary manslaughter, sometimes called criminally negligent homicide in the United States, gross negligence manslaughter in England and Wales or culpable homicide in Scotland, occurs where there's no intention to kill or cause serious injury, but death is due to recklessness or criminal negligence. [edit] Recklessness Recklessness, or willful blindness, is defined as a wanton（肆意妄为的） disregard for the known dangers of a particular situation. An instance of this would be a defendant throwing a brick off a bridge, into vehicular traffic below. There exists no intent to kill; consequently, a resulting death wouldn't be considered murder. However, the conduct is probably reckless, sometimes used interchangeably with criminally negligent, which may subject the principal to prosecution for involuntary manslaughter: the individual was aware of the risk of injury to others and willfully disregarded it. Willful blindness (sometimes called willful ignorance or contrived ignorance) is a term used in law to describe a situation in which an individual seeks to avoid civil or criminal liability for a wrongful act by intentionally putting himself in a position where he will be unaware of facts which would render him liable. For example, in a number of cases, persons transporting packages containing illegal drugs have asserted that they never asked what the contents of the packages were, and therefore lacked the requisite intent to break the law. Such defenses have not succeeded, as courts have been quick to determine that the defendant should have known what was in the package, and exercised criminal recklessness by failing to find out before delivering it. [edit] Vehicular or intoxication manslaughter Vehicular manslaughter is a kind of misdemeanor manslaughter, which holds persons liable for any death which occurs because of criminal negligence, or a violation of traffic safety laws. A common use of the vehicular manslaughter laws involves prosecution for a death caused by driving under the influence (determined by excessive blood alcohol content levels set by individual states), although an independent infraction（违法） (such as driving with a suspended（过期的） driver's license), or negligence, is usually also required.[2] In some U.S. states, such as Texas, intoxication manslaughter is a distinctly defined offense. A person commits intoxication manslaughter if he, or she, operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride while intoxicated and, by reason of that intoxication, causes the death of another by accident or mistake.[3] Intoxication manslaughter, vehicular manslaughter and other similar offenses require a lesser mens rea than other manslaughter offenses. Furthermore, the fact that the defendant is entitled to use the alcohol, controlled substance, drug, dangerous drug, or other substance, is no defense.[4] [edit] Misdemeanor manslaughter In the United States, this is a lesser version of felony murder, and covers a person who causes the death of another while committing a misdemeanor – that is, a violation of law which doesn't rise to the level of a felony. This may automatically lead to a conviction for the homicide, if the misdemeanor involved a law designed to protect human life. Many violations of safety laws are infractions, which means a person can be convicted regardless of mens rea. [edit] Assisted suicide ​ In some U.S. states, assisted suicide is punishable as a second degree of manContact Wikipedia ​ Donate to Wikipedia ​ Help Murder is the unlawful killing of another human person with intent or malice aforethought, as defined in Common Law countries. Murder is generally distinguished from other forms of homicide by the elements of malice, aforethought, and the lack of lawful justification. All jurisdictions, ancient and modern, consider it a most serious crime and therefore impose severe penalty on its commission. unlawful killing of another human person with a state of mind known as "malice aforethought". The first three elements are relatively straightforward; however, the concept of "malice aforethought" is a complex one that does not necessarily mean premeditation. The following states of mind are recognized as constituting the various forms of "malice aforethought": (i) Intent to kill; (ii) Intent to inflict serious bodily harm short of death; (iii) Reckless indifference to an unjustifiably high risk to human life (sometimes described as an "abandoned and malignant heart"); or (iv) Intent to commit a dangerous felony (the "felony-murder" doctrine). Under state of mind (i), intent to kill, the deadly weapon rule applies. Thus, if the defendant intentionally uses a deadly weapon or instrument against the victim, such use authorizes a permissive inference of intent to kill. An example of a deadly weapon or instrument is a gun, a knife, or even a car when intentionally used to strike the victim. Under state of mind (iii), an "abandoned and malignant heart", the killing must result from defendant's conduct involving a reckless indifference to human life and a conscious disregard of an unreasonable risk of death or serious bodily injury. An example of this is a 2007 law in California where an individual could be convicted of third-degree murder if he or she kills another person while operating a motor vehicle while being under the influence of alcohol, drugs, or controlled substances. 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 criminal homicides are felonies. One of the oldest known prohibitions against murder appears in the Sumerian（闪族人） Code of Ur-Nammu written sometime between 2100 and 2050 BC. The code states, "If a man commits a murder, that man must be killed." In Abrahamic religions, the prohibition against murder is one of the Ten Commandments （摩西十诫）given by God to Moses in (Exodus: 20v13) and (Deuteronomy 5v17) (See Murder in the Bible). The Vulgate and subsequent early English translations of the Bible used the term secretly killeth his neighbor or smiteth his neighbour secretly rather than murder for the Latin clam percusserit proximum.[1][2] [edit] Demographics（被杀人数） An estimated 520,000 people were murdered in 2000 around the globe. Two-fifths of them were young people between the ages of 10 and 29 who were killed by other young people.[11] Murder rate per 100,000 inhabitants in 2004Murder rates vary greatly among countries and societies around the world. In the Western world, murder rates in most countries have declined significantly during the 20th century and are now between 1-4 cases per 100,000 people per year. Murder rates in Japan, Ireland and Iceland are among the lowest in the world, around 0.5; the rate of the United States is among the highest of developed countries, around 5.5 in 2004,[12] with rates in larger cities sometimes over 40 per 100,000.[13] Within the Western world, nearly 90% of all murders are committed by males, with males also being the victims of 74.6% of murders (according the US Department of Justice[citation needed]). There is a sharp peak in the age distribution of murderers between the ages of 17 and 30.[citation needed] People become decreasingly likely to commit a murder as they age. Incidents of children and adolescents committing murders are also extremely rare,[citation needed] notwithstanding the strong media coverage such cases receive. There are an estimated 55,000 murders in Brazil every year,[14] about 30,000 murders committed annually in Russia, approximately 25,000 murders in Colombia (in 2005, murders went down to 15,000[15]), approximately 20,000 murders each year in South Africa, approximately 17,000 murders in the United States (666,160 murders from 1960 to 1996),[16] approximately 15,000 murders in Mexico, approximately 11,000 murders in Venezuela, approximately 6,000 murders in El Salvador, approximately 1,600 murders in Jamaica,[17] approximately 1000 murders in France, approximately 580 murders per year in Canada,[18] and approximately 200 murders in Chile.[19] The murder rate in Port Moresby, （巴布亚新几内亚首都）Papua New Guinea is 23 times that of London.[20] Murder demographics（人口特征） are affected by the improvement of trauma（创伤治疗） care, leading to reduced lethality of violent assaults - thus the murder rate may not necessarily indicate the overall level of social violence.[21]（）也许暴力犯罪率高，但治疗的好，所以死亡人数低。因此死亡率不能准确反映社会的暴力犯罪情况 Development of murder rates over time in different countries is often used by both supporters and opponents of capital punishment and gun control. （美国没有废除死刑，但谋杀率照旧很高，欧洲国家废除了死刑，但谋杀率很低）。 Using properly filtered data, it is possible to make the case for or against either of these issues. For example, one could look at murder rates in the United States from 1950 to 2000,[22] and notice that those rates went up sharply shortly after a moratorium on death sentences was effectively imposed in the late 1960s. This fact has been used to argue that capital punishment serves as a deterrent and, as such, it is morally justified. Capital punishment opponents frequently counter that the United States has much higher murder rates than Canada and most European Union countries, although all those countries have abolished the death penalty. Gun control advocates further point out that, unlike the United States, many European countries disallow gun ownership by private citizens but Switzerland has the least restrictive firearm laws and corresponding higher gun murder deaths. Canada introduced a comprehensive Firearms Certificate program in 1977, which was followed by a sharp decline in its homicide rate (and its firearm homicide rate) however firearm homicide rates have crept back up to pre-1977 levels by 2005 even though the overall rate remains less. Overall, the global pattern is too complex and, on average, the influence of both these factors may not be significant and could be more social, economic and cultural. [edit] Country-specific murder law [edit] Canada As defined in the Criminal Code of Canada, murder is considered one type of culpable homicide, distinguished from the offences of manslaughter or infanticide. [29] [edit] First and second degree In Canada, murder is classified as either first or second degree.[30] First degree murder is a murder which is (1) planned and deliberate, (2) contracted, (3) committed against an identified peace officer, (4) while committing or attempting to commit one of the following offences (hijacking an aircraft, sexual assault, sexual assault with a weapon, aggravated sexual assault, kidnapping and forcible confinement or hostage taking), (5) while committing criminal harassment, (6) committed during terrorist activity, (7) while using explosives in association with a criminal organization, or (8) while committing intimidation. [31] Second degree murder is all murder which is not first degree murder. It could be "spur of the moment". [edit] Manslaughter and infanticide Manslaughter is any culpable homicide which is not murder or infanticide. [32] Infanticide is the killing of a newly-born child by its mother where the mother's mind was disturbed as a result of giving birth or of consequent lactation. It is a type of homicide but is excluded from murder.[33] [edit] Penalties The maximum penalties for murder are: First degree murder - mandatory life imprisonment without the possibility of parole for 25 years (can be paroled under the Faint-Hope Clause after 15 years imprisonment, but such a reduction is rarely given and is not available for multiple murders) Second degree murder - mandatory life imprisonment without the possibility of parole for 10-25 years (parole eligibility determined by the judge at sentencing) (exception: if the person had committed another murder in their past, parole eligibility is 25 years) There is a clause under which a person convicted of any "personal injury offence" meeting the statutory criteria may be declared a "dangerous offender". A dangerous offender is sentenced for an indeterminate period of imprisonment and is eligible for parole after serving at least 7 years. An offender convicted of 1st or 2nd degree