Murder

Article

December 3, 2021

In law, murder means a crime committed by a person against other human beings, which causes death without legal justification (or, more broadly, without moral justification) and is committed with intent to kill. In most [source?] Countries, this is the most serious crime and is punishable by the highest penalties available, and in extreme cases by the death penalty. A person who intentionally causes another person to die is called a murderer, and a murdered victim. The murder can be carried out in the form of an attempt, instructions, as an organizer, or directly as an offender. The intention to kill is direct or indirect. From a psychological point of view, forensic (forensic) psychology deals with research into the behavior of murderers, motives for leading murders and other concepts associated with murder.

Legal analysis of the murder

In general (Roman, continental) law, murder is defined as the unlawful killing of another person with a state of mind known as "evil intent." The first three elements are relatively straightforward. However, the concept of "bad intentions" is more complex because it does not necessarily mean preliminary consideration. The following states of mind are distinguished as forms of "evil intent": intention to kill intent to cause serious bodily harm near death, complete indifference to an unreasonably high risk to human life, or the intention to commit a dangerous crime ("crime-murder" doctrine) The state of mind (1), ie the intention to kill, is subject to the deadly weapon rule. Thus, if the accused intentionally uses a lethal weapon or tool against the victim, that use creates the hypothesis of intent to kill. An example of a deadly weapon or tool is a firearm, a knife, but also a car if it is intentionally used to knock down a victim. In state of mind (3), ..., manslaughter must result from such conduct by the accused, which involves utter indifference to human life and conscious negligence regarding the unjustified risk of death or serious injury. An example is the practice in California, where a person can be charged and convicted of second-degree murder if he kills another if he drives a motor vehicle under the influence of alcohol, drugs or other controlled substances. the crime committed must be a fundamentally dangerous crime, such as burglary, arson, rape, robbery or kidnapping. Importantly, an "underlying" crime cannot be a less serious act, such as assault, otherwise all criminal killings would be murder, because all criminal killings are a crime.

Controversy

There are different legal and moral systems in the world in many ways. That is why there are disputes about which acts are murder. For example, abortion is classified differently in the legal systems (and moral teachings of individual churches or philosophical systems) of different states - from extremely repulsive murder to harmless conduct. The problem runs across countries and changes over time. Many opponents of abortion consider abortion to be murder from a moral point of view, although the legal systems of their states do not define it as murder (and vice versa). A similar problem is, for example, with the qualification of euthanasia or the imposition of the death penalty for certain acts. For example, the death penalty for apostasy from Islam, codified in Islamic Sharia law, is often criticized. In the past, some heresies have been punished in Europe in the past, and in many countries there is still treason. The essence of the problem is usually not to question the definition of murder, but to disputes and ambiguities about the definition of a person (for example, when a fetus becomes a human if people are of some ethnicity or religion) and what is morally and legally if reporting some�

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